This bill amends section 733.303 of the Florida Statutes to allow individuals with felony convictions to serve as personal representatives of a deceased person under specific conditions. The new provision states that a person convicted of a felony may serve as a personal representative if they are a parent, spouse, child, or grandchild of the decedent, are not currently incarcerated, and there are no other family members of the same degree of consanguinity available to serve. Additionally, if a family member with a felony conviction petitions to be appointed as a personal representative, the court is required to evaluate the petition based on several criteria, including the nature of the felony, the relationship to the decedent, and evidence of rehabilitation.
The bill outlines specific criteria for the court to consider when determining whether to grant the petition, such as whether the decedent was a victim of the felony, the timing of the offense, and any concerns from interested parties. The court may also take into account the petitioner's civil rights status and their relationship with the decedent prior to their death. This legislation aims to provide a pathway for certain individuals with felony convictions to fulfill the role of personal representative while ensuring that the court carefully assesses their suitability for the position. The act is set to take effect on July 1, 2026.
Statutes affected: S 1606 Filed: 733.303