1 Florida Estates Practice Guide § 9.02

Summary

• [1] Generally.

  Whenever it becomes necessary that a decedent’s estate be represented in any proceeding pending before a circuit court when there is no personal representative, or when the personal representative has an interest or claim which is adverse to that of the estate, an administrator ad litem without bond can be appointed for the purpose of representing the estate in the proceeding before the court [§ 733.308, Fla. Stat.: “Administrator ad litem. When it is necessary that an estate be represented and there is no personal representative of the estate, the court shall appoint an administrator ad litem without bond for that particular proceeding. The fact that the personal representative is seeking reimbursement for claims against the decedent paid by the personal representative does not require appointment of an administrator ad litem.” Fla. Prob. R. 5.120(a)].

  While § 733.308, Florida Statutes makes no express provision for the appointment of an administrator ad litem at a time ...