When you prepare your last will and testament, you will normally name someone to serve as the executor of your estate. However, if you are a Florida resident and fail to do so, or if you die intestate, the probate court will appoint someone to administer your estate.
Assigning an administrator
If you haven’t designated someone to take care of probate administration duties, the courts may appoint an administrator and in some cases a guardian ad litem during the proceeding. The guardian will represent unborn individuals, minors, and incapacitated individuals who could be eligible to benefit from your estate. If there is no conflict of interest, the administrator and guardian ad litem can be the same person and will file an oath to perform all duties pertaining to your will properly and consistently. This individual should appear for hearings in person when the courts request that they do so.
Petitioning for appointing a guardian
Petitions for appointment of the guardian ad litem must state the address and initials of each incapacitated or disabled person or minor in the will. The birthdates for all minors must be submitted to the court as well.
The probate administration petition must also contain the name and address of each minor’s guardian, as well as the contact information for the guardian of each incapacitated individual. The courts will also look to see that there is a description of the interest in the probate proceedings for each minor, each individual with a developmental disability, or each incapacitated individual. The petition should indicate the reason for the appointment of a guardian so the court can review the case thoroughly before issuing a ruling.