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Irwin Law
Irwin Law, Attorney
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Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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In Florida is there alegal requirement that the executor of

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In Florida is there alegal requirement that the executor of a will must live in Florida?
Hello. Who is providing you and your brother with the information about FL law and the absence of a will?
Customer: replied 3 years ago.

Our stepmother.

A person who is a son of the deceased does not have to be domiciled in the state of Florida to act as a personal representative (executor) for his parents' estates. Florida permits a close relative (by blood) to serve even though he doesn't reside in the state. Florida statute § 733.304 relates to nonresidents serving as Personal Representative. The Statute specifically states that a person who is not domiciled in the state cannot qualify as personal representative unless the person is:

(1) A legally adopted child or adoptive parent of the decedent;

(2) Related by lineal consanguinity to the decedent;

(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or

(4) The spouse of a person otherwise qualified under this section.

Number 2, above applies to you and/or your brother.

As far as finding a copy of your father's will goes, wills are usually kept by individuals who are closely related (like a spouse such as your step mother), sometimes the attorneys, banks etc... If you know who your father's lawyer was, that would be a good place to start looking for a will.

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