---
title: "List who is preferred for letters when the nominee will not apply"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/identify-who-may-apply-when-the-named-executor-will-not-seek-a-grant/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-SF20261022-4-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List who is preferred for letters when the nominee will not apply

> 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.…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/identify-who-may-apply-when-the-named-executor-will-not-seek-a-grant/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Identify who may apply when the named executor will not seek a grant](https://ailawframework.com/practice/wills-estates-probate-and-succession/identify-who-may-apply-when-the-named-executor-will-not-seek-a-grant.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Wills, intestacy and probate are state law; confirm the governing state before relying on this.
- The Florida example is 2025 Florida Statutes text. The Senate site says the text is unverified. Another state's statute was not opened.
- Do not choose the applicant. Sections on who is qualified, including nonresidents, were not opened.

## Sources

- [Florida Statutes section 733.301, Preference in appointment of personal representative](https://www.flsenate.gov/Laws/Statutes/2025/733.301) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*