ROCCO SANTOMENNO
v.
ESTATE OF EDITH SANTOMENNO, GLADYS WADE, JOHN SANTOMENNO, AND JOHN SANTOMENNO, JR.
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Trial courts lack discretion to refuse to appoint a person as personal representative named in the will unless that person is disqualified by law or exceptional circumstances exist, in which case the court may consider the person's character, ability, and experience.
[1] Trial courts lack discretion to refuse appointment of a testator-named personal representative unless that person is disqualified by law, and only in exceptional circumst…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The general rule of law is that trial courts do not have discretion to refuse to appoint a person as representative named by the testator in the will unless that person is disqualified by law.”
Citing Hernandez v. Hernandez, 946 So. 2d 124, 126-27 (Fla. 5th DCA 2007), the court explained the foundational principle governing appointment of personal representatives.
Rocco Santomenno appealed a circuit court decision regarding the appointment of a personal representative for the Estate of Edith Santomenno, with oth…
The full statement of facts, procedural history, and disposition for this case are member content.
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case Nos. 5D2025-0835 5D2025-2594 LT Case No. 18-2024-CP-400
ROCCO SANTOMENNO, Appellant,
V.
THE ESTATE OF EDITH
SANTOMENNO, GLADYS WADE,
JOHN SANTOMENNO, JOHN
SANTOMENNO, JR., Appellees.
On appeal from the Circuit Court for Flagler County. Linda L. Gaustad, Judge.
Robert (Tad) Drean, of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Lakewood Ranch, for Appellant.
Ronald A. Hertel, of Hertel Legal PLLC, Ormond Beach, for Appellee, John Santomenno, Jr.
No Appearance for Remaining Appellees.
October 9, 2026
PER CURIAM.
AFFIRMED. See Hernandez v. Hernandez, 946 So. 2d 124, 126-27 (Fla. 5th DCA 2007) (“The general rule of law is that trial courts do not have discretion to refuse to appoint a person as representative named by the testator in the will unless that person is disqualified by law. . . . Only in exceptional circumstances does a court have the discretion to refuse to appoint a person as personal representative who was named in the decedent's will. . . . In making a decision, the circuit court may consider the person's character, ability, and experience to serve as personal representative and may refuse to appoint the preferred person if the record supports its conclusion that the person lacks the necessary qualities.")
JAY, C.J., and SOUD and BOATWRIGHT, JJ., concur.