List who is preferred for letters when the nominee will not apply
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 733.301 sets an order of preference for letters. From the will and the lawyer's note of who has renounced or cannot act, list the nominated personal representative and the devisees. Leave the proposed applicant blank. Do not prepare an application.
- What the lawyer must review
- The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 733.301 sets the order for letters. In a testate estate the order is the personal representative or successor nominated by the will or under a power in the will, then the person selected by a majority in interest of the persons entitled to the estate, then a devisee. If more than one devisee applies, the court may select the one best qualified. In an intestate estate the order is the surviving spouse, then the person selected by a majority in interest of the heirs, then the heir nearest in degree. A guardian of the property of a ward who would be entitled may exercise the right to select. If nobody in subsection (1) applies, the court appoints a capable person, with the two employment limits in subsection (3). The tool lists the order and leaves the applicant blank. It does not prepare a petition. Qualifications in other sections of this part were not opened.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes organising research leads. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.