## Facts

- Jane Kaigler Araguel died leaving a will.
- The will nominated Jerry D. Sanders to serve as personal representative.
- Jane’s son, Patrick J. Araguel, III, petitioned for administration of the will and requested Sanders’s appointment.
- It was undisputed that Sanders met the statutory qualifications to serve as personal representative under Florida law (including being a Florida resident, of age, mentally and physically capable, and not a convicted felon).
- Jane’s other son, Lesley Ladon Bryan, objected to Sanders’s appointment.
- A curator, Darrin Francis, was involved in the probate proceeding as curator of Jane’s estate.
- After a hearing, the probate court denied Sanders’s appointment even while finding he was qualified under the Florida Probate Code.
- The probate court concluded there were “tangible and substantial reasons” to believe the estate would be damaged if Sanders were appointed because the facts showed an “adverse interest.”
- The probate court relied in part on evidence that Sanders (1) could be a material witness about whether certain property belonged to the estate based on a conversation with the decedent, and (2) allegedly knew Patrick had used a defective durable power of attorney (insufficient witness signatures) in dealing with some of the decedent’s affairs.
- Patrick appealed the order denying appointment of the will’s nominated personal representative.

## Issues

1. Whether a Florida probate court may refuse to appoint a will-nominated personal representative who is qualified under the Probate Code, based on perceived “adverse interest,” potential bias, or anticipated harm to the estate, absent an express statutory disqualification or statutory grant of discretion.

## Decision

- The First District Court of Appeal reversed the order denying Sanders’s appointment.
- The court held that, in a testate estate, the probate court has no discretion to bypass the personal representative nominated in the will when the nominee is statutorily qualified and not disqualified by statute.
- The case was remanded for further proceedings consistent with the opinion.

## Legal Principles

- Under § 733.301(1)(a), Florida Statutes, in a testate estate the personal representative nominated in the will has first preference for appointment.
- A probate court may deny appointment of the testator’s nominee only when a statute expressly disqualifies the nominee (such as under §§ 733.302–.303) or a statute expressly grants the court discretion to deviate from the statutory order of preference.
- When statutory disqualifications are enumerated, a court may not add non-statutory grounds—such as generalized “unsuitability,” perceived bias, hostility, “adverse interest,” or the nominee’s potential status as a material witness—to refuse appointment of a qualified will nominee.
- Consistent with In re Estate of Miller, 568 So. 2d 487 (Fla. 1st DCA 1990), Florida trial courts are without discretion to refuse to appoint the personal representative specified by the testator unless the person is expressly disqualified by statute or the statute grants discretion.

## Conclusion

The First DCA held that the probate court erred by denying appointment of the personal representative nominated in Jane Araguel’s will where the nominee was statutorily qualified and not disqualified by any enumerated provision; concerns about possible bias, “adverse interest,” or potential harm to the estate were not lawful, independent grounds to override the testator’s choice.


Araguel v. Bryan, 343 So. 3d 1236 (2022)