Santomenno — Fifth District affirmed the probate ruling on appointment of a personal representative

Case
Rocco Santomenno v. The Estate of Edith Santomenno, Gladys Wade, John Santomenno, and John Santomenno, Jr.
Court
Florida Fifth District Court of Appeal
Judge
JAY, C.J. (Ron DeSantis, 2023); Soud, J. (Ron DeSantis, 2022); BOATWRIGHT, J. (Ron DeSantis, 2022)
Date Decided
October 9, 2026
Docket No.
5D2025-0835; 5D2025-2594
Topics
Probate; Personal Representatives; Wills; Appellate Review
Source
Read the full opinion

Background

Rocco Santomenno appealed from proceedings concerning the Estate of Edith Santomenno in the Circuit Court for Flagler County. The appeals were docketed as Case Nos. 5D2025-0835 and 5D2025-2594.

The Fifth District’s brief per curiam opinion does not describe the underlying facts or the circuit court’s reasoning. Its citation to Hernandez v. Hernandez, however, identifies the governing issue as a probate court’s authority to decline to appoint the personal representative named in a will.

The Court’s Holding

The Fifth District affirmed the circuit court’s ruling without further factual analysis. All three panel members—Chief Judge Jay and Judges Soud and Boatwright—concurred.

Citing Hernandez v. Hernandez, 946 So. 2d 124, 126–27 (Fla. 5th DCA 2007), the court reiterated that a trial court generally lacks discretion to reject the personal representative selected by a testator unless that person is legally disqualified. In exceptional circumstances, however, a court may decline to appoint the nominated person when the record supports a finding that the person lacks the character, ability, experience, or other qualities necessary to serve.

Key Takeaways

  • A testator’s choice of personal representative ordinarily controls unless the nominee is disqualified by law.
  • A probate court may reject the nominated representative in exceptional circumstances supported by the record.
  • The nominee’s character, ability, and experience may bear on whether the nominee has the qualities necessary to administer the estate.

Why It Matters

The decision reinforces both the strong preference Florida law gives to a testator’s chosen personal representative and the narrow exception permitting probate courts to reject that choice. A departure from the nomination must rest on exceptional circumstances and record support concerning the nominee’s fitness to serve.

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