reglab/housing_qa huggingface dataset:
FL Stat § 733.3101 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.3101 - Personal representative not qualified.

733.3101 Personal representative not qualified.—(1) A personal representative shall resign immediately if the personal representative knows that he or she was not qualified to act at the time of appointment.(2) Any time a personal representative, who was qualified to act at the time of appointment, knows that he or she would not be qualified for appointment if application for appointment were then made, the personal representative shall promptly file and serve a notice setting forth the reasons. The personal representative’s notice shall state that any interested person may petition to remove the personal representative. An interested person on whom a copy of the personal representative’s notice is served may file a petition requesting the personal representative’s removal within 30 days after the date on which such notice is served.(3) A personal representative who fails to comply with this section shall be personally liable for costs, including attorney fees, incurred in any removal proceeding if the personal representative is removed. This liability extends to a personal representative who does not know, but should have known, of the facts that would have required him or her to resign under subsection (1) or to file and serve notice under subsection (2). This liability shall be cumulative to any other provided by law.(4) As used in this section, the term “qualified” means that the personal representative is qualified under ss. 733.302-733.305.History.—s. 105, ch. 2001-226; s. 4, ch. 2015-27.
FL Stat § 733.402 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part IV - Fiduciary Bonds (Ss. 733.402-733.406)|733.402 - Bond of fiduciary; when required; form.

733.402 Bond of fiduciary; when required; form.—(1) Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety, as defined in s. 45.011, to be approved by the clerk without a service fee. The bond shall be payable to the Governor and the Governor’s successors in office, conditioned on the performance of all duties as personal representative according to law. The bond must be joint and several.(2) No bond shall be void or invalid because of an informality in it or an informality or illegality in the appointment of the fiduciary. The bond shall have the same force as if the appointment had been legally made and the bond executed in proper form.(3) The requirements of this section shall not apply to banks and trust companies authorized by law to act as personal representative.(4) On petition by any interested person or on the court’s own motion, the court may waive the requirement of filing a bond, require a bond, increase or decrease the bond, or require additional surety.History.—s. 1, ch. 74-106; s. 67, ch. 75-220; s. 24, ch. 77-87; s. 1, ch. 77-174; s. 992, ch. 97-102; s. 107, ch. 2001-226.Note.—Created from former s. 732.61.
FL Stat § 733.403 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part IV - Fiduciary Bonds (Ss. 733.402-733.406)|733.403 - Amount of bond.

733.403 Amount of bond.—All bonds required by this part shall be in the penal sum that the court deems sufficient after consideration of the gross value of the estate, the relationship of the personal representative to the beneficiaries, exempt property and any family allowance, the type and nature of assets, known creditors, and liens and encumbrances on the assets.History.—s. 1, ch. 74-106; s. 67, ch. 75-220; s. 108, ch. 2001-226.Note.—Created from former ss. 732.63, 732.64, 732.66.
FL Stat § 733.404 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part IV - Fiduciary Bonds (Ss. 733.402-733.406)|733.404 - Liability of surety.

733.404 Liability of surety.—No surety for any personal representative or curator shall be charged beyond the value of the assets of an estate because of any omission or mistake in pleading or of false pleading of the personal representative or curator.History.—s. 1, ch. 74-106; s. 68, ch. 75-220; s. 109, ch. 2001-226.Note.—Created from former s. 732.65.
FL Stat § 733.405 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part IV - Fiduciary Bonds (Ss. 733.402-733.406)|733.405 - Release of surety.

733.405 Release of surety.—(1) Subject to the limitations of this section, on the petition of any interested person, the surety is entitled to be released from liability for the future acts and omissions of the fiduciary.(2) Pending the hearing of the petition, the court may restrain the fiduciary from acting, except to preserve the estate.(3) On hearing, the court shall enter an order prescribing the amount of the new bond for the fiduciary and the date when the bond shall be filed. If the fiduciary fails to give the new bond, the fiduciary shall be removed at once, and further proceedings shall be had as in cases of removal.(4) The original surety shall remain liable in accordance with the terms of its original bond for all acts and omissions of the fiduciary that occur prior to the approval of the new surety and filing and approval of the bond. The new surety shall be liable on its bond only after the filing and approval of the new bond.History.—s. 1, ch. 74-106; s. 68, ch. 75-220; s. 993, ch. 97-102; s. 110, ch. 2001-226.Note.—Created from former s. 732.68.
FL Stat § 733.406 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part IV - Fiduciary Bonds (Ss. 733.402-733.406)|733.406 - Bond premium allowable as expense of administration.

733.406 Bond premium allowable as expense of administration.—A personal representative or other fiduciary required to give bond shall pay the reasonable premium as an expense of administration.History.—s. 613, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 253, 566, ch. 82-243; s. 994, ch. 97-102; s. 111, ch. 2001-226.Note.—Former s. 627.753.
FL Stat § 733.501 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.501 - Curators.

733.501 Curators.—(1) When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration. The curator may be authorized to perform any duty or function of a personal representative. If there is great danger that any of the decedent’s property is likely to be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without giving notice.(2) Bond shall be required of the curator as the court deems necessary. No bond shall be required of banks and trust companies as curators.(3) Curators shall be allowed reasonable compensation for their services, and the court may consider the provisions of s. 733.617.(4) Curators shall be subject to removal and surcharge.History.—s. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 995, ch. 97-102; s. 112, ch. 2001-226; s. 108, ch. 2002-1.Note.—Created from former s. 732.21.
FL Stat § 733.502 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.502 - Resignation of personal representative.

733.502 Resignation of personal representative.—A personal representative may resign. After notice to all interested persons, the court may accept the resignation and then revoke the letters of the resigning personal representative if the interests of the estate are not jeopardized by the resignation. The acceptance of the resignation shall not exonerate the personal representative or the surety from liability.History.—s. 1, ch. 74-106; s. 69, ch. 75-220; s. 25, ch. 77-87; s. 996, ch. 97-102; s. 113, ch. 2001-226.Note.—Created from former s. 734.09.
FL Stat § 733.503 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.503 - Appointment of successor upon resignation.

733.503 Appointment of successor upon resignation.—When the personal representative’s resignation is accepted, the court shall appoint a personal representative or shall appoint a curator to serve until a successor personal representative is appointed.History.—s. 1, ch. 74-106; s. 69, ch. 75-220; s. 997, ch. 97-102; s. 114, ch. 2001-226.Note.—Created from former s. 734.10.
FL Stat § 733.5035 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.5035 - Surrender of assets after resignation.

733.5035 Surrender of assets after resignation.—When the resignation has been accepted by the court, all estate assets, records, documents, papers, and other property of or concerning the estate in the resigning personal representative’s possession or control shall immediately be surrendered to the successor fiduciary. The court may establish the conditions and specify the assets and records, if any, that the resigning personal representative may retain until the final accounting of the resigning personal representative has been approved.History.—s. 115, ch. 2001-226.
FL Stat § 733.5036 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.5036 - Accounting and discharge following resignation.

733.5036 Accounting and discharge following resignation.—(1) A resigning personal representative shall file and serve a final accounting of the personal representative’s administration.(2) After determination and satisfaction of the liability, if any, of the resigning personal representative, after compensation of the personal representative and the attorney and other persons employed by the personal representative, and upon receipt of evidence that undistributed estate assets have been delivered to the successor fiduciary, the personal representative shall be discharged, the bond released, and the surety discharged.History.—s. 116, ch. 2001-226.
FL Stat § 733.504 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.504 - Removal of personal representative; causes for removal.

733.504 Removal of personal representative; causes for removal.—A personal representative shall be removed and the letters revoked if he or she was not qualified to act at the time of appointment. A personal representative may be removed and the letters revoked for any of the following causes:(1) Adjudication that the personal representative is incapacitated.(2) Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties.(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.(4) Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required.(5) Wasting or maladministration of the estate.(6) Failure to give bond or security for any purpose.(7) Conviction of a felony.(8) Insolvency of, or the appointment of a receiver or liquidator for, any corporate personal representative.(9) Holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole. This cause of removal shall not apply to the surviving spouse because of the exercise of the right to the elective share, family allowance, or exemptions, as provided elsewhere in this code.(10) Revocation of the probate of the decedent’s will that authorized or designated the appointment of the personal representative.(11) Removal of domicile from Florida, if domicile was a requirement of initial appointment.(12) The personal representative was qualified to act at the time of appointment but is not now entitled to appointment.Removal under this section is in addition to any penalties prescribed by law.History.—s. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 998, ch. 97-102; s. 117, ch. 2001-226; s. 10, ch. 2009-115; s. 5, ch. 2015-27.Note.—Created from former s. 734.11.
FL Stat § 733.505 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.505 - Jurisdiction in removal proceedings.

733.505 Jurisdiction in removal proceedings.—A petition for removal shall be filed in the court having jurisdiction of the administration.History.—s. 1, ch. 74-106; s. 118, ch. 2001-226.Note.—Created from former s. 734.12.
FL Stat § 733.506 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.506 - Proceedings for removal.

733.506 Proceedings for removal.—Proceedings for removal of a personal representative may be commenced by the court or upon the petition of an interested person. The court shall revoke the letters of a removed personal representative. The removal of a personal representative shall not exonerate the removed personal representative or the removed personal representative’s surety from any liability.History.—s. 1, ch. 74-106; s. 71, ch. 75-220; s. 119, ch. 2001-226.Note.—Created from former s. 734.13.
FL Stat § 733.5061 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.5061 - Appointment of successor upon removal.

733.5061 Appointment of successor upon removal.—When a personal representative is removed, the court shall appoint a personal representative or shall appoint a curator to serve until a successor personal representative is appointed.History.—s. 120, ch. 2001-226.
FL Stat § 733.508 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.508 - Accounting and discharge of removed personal representatives upon removal.

733.508 Accounting and discharge of removed personal representatives upon removal.—(1) A removed personal representative shall file and serve a final accounting of that personal representative’s administration.(2) After determination and satisfaction of the liability, if any, of the removed personal representative, after compensation of that personal representative and the attorney and other persons employed by that personal representative, and upon receipt of evidence that the estate assets have been delivered to the successor fiduciary, the removed personal representative shall be discharged, the bond released, and the surety discharged.History.—s. 1, ch. 74-106; s. 999, ch. 97-102; s. 122, ch. 2001-226.Note.—Created from former s. 734.15.
FL Stat § 733.509 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part V - Curators; Resignation and Removal of Personal Representatives (Ss. 733.501-733.509)|733.509 - Surrender of assets upon removal.

733.509 Surrender of assets upon removal.—Upon entry of an order removing a personal representative, the removed personal representative shall immediately deliver all estate assets, records, documents, papers, and other property of or concerning the estate in the removed personal representative’s possession or control to the remaining personal representative or successor fiduciary.History.—s. 1, ch. 74-106; s. 73, ch. 75-220; s. 123, ch. 2001-226.Note.—Created from former s. 734.16.
FL Stat § 733.601 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.601 - Time of accrual of duties and powers.

733.601 Time of accrual of duties and powers.—The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment. A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative.History.—s. 1, ch. 74-106; s. 74, ch. 75-220; s. 1000, ch. 97-102; s. 124, ch. 2001-226.
FL Stat § 733.602 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.602 - General duties.

733.602 General duties.—(1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of the decedent’s will and this code as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the authority in the will, if any, and the authority of any order of the court, for the best interests of interested persons, including creditors.(2) A personal representative shall not be liable for any act of administration or distribution if the act was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a proceeding challenging intestacy or a proceeding questioning the appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of interested persons.History.—s. 1, ch. 74-106; s. 74, ch. 75-220; s. 27, ch. 77-87; s. 1, ch. 77-174; s. 270, ch. 79-400; s. 3, ch. 89-340; s. 1001, ch. 97-102; s. 125, ch. 2001-226; s. 37, ch. 2006-217; s. 11, ch. 2009-115.
FL Stat § 733.603 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.603 - Personal representative to proceed without court order.

733.603 Personal representative to proceed without court order.—A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified by this code or ordered by the court, shall do so without adjudication, order, or direction of the court. A personal representative may invoke the jurisdiction of the court to resolve questions concerning the estate or its administration.History.—s. 1, ch. 74-106; s. 1002, ch. 97-102; s. 126, ch. 2001-226.
FL Stat § 733.6065 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.6065 - Opening safe-deposit box.

733.6065 Opening safe-deposit box.—(1) Subject to the provisions of s. 655.936(2), the initial opening of a safe-deposit box that is leased or coleased by the decedent shall be conducted in the presence of any two of the following persons: an employee of the institution where the box is located, the personal representative, or the personal representative’s attorney of record. Each person who is present must verify the contents of the box by signing a copy of the inventory under penalties of perjury. The personal representative shall file the safe-deposit box inventory, together with a copy of the box entry record from a date which is 6 months prior to the date of death to the date of inventory, with the court within 10 days after the box is opened. Unless otherwise ordered by the court, this inventory and the attached box entry record is subject to inspection only by persons entitled to inspect an inventory under s. 733.604(1). The personal representative may remove the contents of the box.(2) The right to open and examine the contents of a safe-deposit box leased by a decedent, or any documents delivered by a decedent for safekeeping, and to receive items as provided for in s. 655.935 is separate from the rights provided for in subsection (1).History.—s. 129, ch. 2001-226; s. 7, ch. 2006-134; s. 71, ch. 2006-213.
FL Stat § 733.607 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.607 - Possession of estate.

733.607 Possession of estate.—(1) Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except the protected homestead, but any real property or tangible personal property may be left with, or surrendered to, the person presumptively entitled to it unless possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by a beneficiary is conclusive evidence that the possession of the property by the personal representative is necessary for the purposes of administration, in any action against the beneficiary for possession of it. The personal representative shall take all steps reasonably necessary for the management, protection, and preservation of the estate until distribution and may maintain an action to recover possession of property or to determine the title to it.(2) If, after providing for statutory entitlements and all devises other than residuary devises, the assets of the decedent’s estate are insufficient to pay the expenses of the administration and obligations of the decedent’s estate, the personal representative is entitled to payment from the trustee of a trust described in s. 733.707(3), in the amount the personal representative certifies in writing to be required to satisfy the insufficiency, subject to the exclusions and preferences under s. 736.05053. The provisions of s. 733.805 shall apply in determining the amount of any payment required by this section.History.—s. 1, ch. 74-106; s. 28, ch. 77-87; s. 9, ch. 93-257; s. 9, ch. 95-401; s. 1005, ch. 97-102; s. 130, ch. 2001-226; s. 1, ch. 2010-122.Note.—Created from former s. 733.01.