Are there legal presumptions or preferences on who should be the personal representative?
In the state of Florida, Florida statute 733.301, has the preference for appointment of personal representative. In a testate estate, meaning somebody that dies with a will, the person who is nominated within the will to be the personal representative has preference of appointment.
In an intestate estate, meaning somebody that dies without a will, the surviving spouse has preference of appointment for who should be the personal representative. There are also contingencies within that statute for who should be appointed if those first appointed are not able to serve.