reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part I - General Provisions (Ss. 733.101-733.109) › 733.106 - Costs and attorney fees.

733.106 Costs and attorney fees.—
(1) In all probate proceedings, costs may be awarded as in chancery actions.
(2) A person nominated as personal representative, or any proponent of a will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in due form for probate, shall receive costs and attorney fees from the estate even though probate is denied or revoked.
(3) Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.
(4) If costs and attorney fees are to be paid from the estate under this section, s. 733.6171(4), s. 736.1005, or s. 736.1006, the court, in its discretion, may direct from what part of the estate they shall be paid.
(a) If the court directs an assessment against a person’s part of the estate and such part is insufficient to fully pay the assessment, the court may direct payment from the person’s part of a trust, if any, if a pour-over will is involved and the matter is interrelated with the trust.
(b) All or any part of the costs and attorney fees to be paid from the estate may be assessed against one or more persons’ part of the estate in such proportions as the court finds to be just and proper.
(c) In the exercise of its discretion, the court may consider the following factors:
1. The relative impact of an assessment on the estimated value of each person’s part of the estate.
2. The amount of costs and attorney fees to be assessed against a person’s part of the estate.
3. The extent to which a person whose part of the estate is to be assessed, individually or through counsel, actively participated in the proceeding.
4. The potential benefit or detriment to a person’s part of the estate expected from the outcome of the proceeding.
5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the estate is to be assessed.
6. Whether a person whose part of the estate is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections.
7. Whether a person whose part of the estate is to be assessed unjustly caused an increase in the amount of costs and attorney fees incurred by the personal representative or another interested person in connection with the proceeding.
8. Any other relevant fact, circumstance, or equity.
(d) The court may assess a person’s part of the estate without finding that the person engaged in bad faith, wrongdoing, or frivolousness.
History.—s. 1, ch. 74-106; s. 49, ch. 75-220; s. 984, ch. 97-102; s. 82, ch. 2001-226; s. 1, ch. 2015-27.
Note.—Created from former s. 732.14.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part I - General Provisions (Ss. 733.101-733.109) › 733.1061 - Fees and costs; will reformation and modification.

733.1061 Fees and costs; will reformation and modification.—
(1) In a proceeding arising under s. 732.615 or s. 732.616, the court shall award taxable costs as in chancery actions, including attorney’s fees and guardian ad litem fees.
(2) When awarding taxable costs, including attorney’s fees and guardian ad litem fees, under this section, the court in its discretion may direct payment from a party’s interest, if any, in the estate or enter a judgment which may be satisfied from other property of the party, or both.
History.—s. 5, ch. 2011-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part I - General Provisions (Ss. 733.101-733.109) › 733.107 - Burden of proof in contests; presumption of undue influence.

733.107 Burden of proof in contests; presumption of undue influence.—
(1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought.
(2) In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304.
History.—s. 1, ch. 74-106; s. 50, ch. 75-220; s. 83, ch. 2001-226; s. 5, ch. 2002-82; s. 13, ch. 2010-132; s. 3, ch. 2014-127.
Note.—Created from former s. 732.31.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part I - General Provisions (Ss. 733.101-733.109) › 733.109 - Revocation of probate.

733.109 Revocation of probate.—
(1) A proceeding to revoke the probate of a will shall be brought in the court having jurisdiction over the administration. Any interested person, including a beneficiary under a prior will, unless barred under s. 733.212 or s. 733.2123, may commence the proceeding before final discharge of the personal representative.
(2) Pending the determination of any petition for revocation of probate, the personal representative shall proceed with the administration of the estate as if no revocation proceeding had been commenced, except that no distribution may be made to beneficiaries in contravention of the rights of those who, but for the will, would be entitled to the property disposed of.
(3) Revocation of probate of a will shall not affect or impair the title to property purchased in good faith for value from the personal representative prior to an order of revocation.
History.—s. 1, ch. 74-106; s. 50, ch. 75-220; s. 18, ch. 77-87; s. 227, ch. 77-104; s. 84, ch. 2001-226.
Note.—Created from former s. 732.30.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.201 - Proof of wills.

733.201 Proof of wills.—
(1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof. However, a purportedly self-proved electronic will may be admitted to probate only in the manners prescribed in subsections (2) and (3) if the execution of such electronic will, or the acknowledgment by the testator and the affidavits of the witnesses, involves an online notarization in which there was a substantial failure to comply with the procedures set forth in s. 117.265.
(2) A will may be admitted to probate upon the oath of any attesting witness taken before any circuit judge, commissioner appointed by the court, or clerk.
(3) If it appears to the court that the attesting witnesses cannot be found or that they have become incapacitated after the execution of the will or their testimony cannot be obtained within a reasonable time, a will may be admitted to probate upon the oath of the personal representative nominated by the will as provided in subsection (2), whether or not the nominated personal representative is interested in the estate, or upon the oath of any person having no interest in the estate under the will stating that the person believes the writing exhibited to be the true last will of the decedent.
History.—s. 1, ch. 74-106; s. 51, ch. 75-220; s. 985, ch. 97-102; s. 85, ch. 2001-226; s. 9, ch. 2009-115; s. 38, ch. 2019-71.
Note.—Created from former s. 732.24.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.202 - Petition.

733.202 Petition.—Any interested person may petition for administration.
History.—s. 1, ch. 74-106; s. 52, ch. 75-220; s. 19, ch. 77-87; s. 19, ch. 92-200; s. 986, ch. 97-102; s. 86, ch. 2001-226.
Note.—Created from former s. 732.43.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.204 - Probate of a will written in a foreign language.

733.204 Probate of a will written in a foreign language.—
(1) No will written in a foreign language shall be admitted to probate unless it is accompanied by a true and complete English translation.
(2) No personal representative who complies in good faith with the English translation of the will as established by the court shall be liable for doing so.
History.—s. 1, ch. 74-106; s. 54, ch. 75-220; s. 1, ch. 77-174; s. 88, ch. 2001-226.
Note.—Created from former s. 732.34.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.205 - Probate of notarial will.

733.205 Probate of notarial will.—
(1) When a copy of a notarial will in the possession of a notary entitled to its custody in a foreign state or country, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, whose official position, signature, and seal of office are further authenticated by an American consul, vice consul, or other American consular officer within whose jurisdiction the notary is a resident, or whose official position, signature, and seal of office have been authenticated according to the requirements of the Hague Convention of 1961, is presented to the court, it may be admitted to probate if the original could have been admitted to probate in this state.
(2) The duly authenticated copy shall be prima facie evidence of its purported execution and of the facts stated in the certificate in compliance with subsection (1).
(3) Any interested person may oppose the probate of such a notarial will or may petition for revocation of probate of such a notarial will, as in the original probate of a will in this state.
History.—s. 1, ch. 74-106; s. 55, ch. 75-220; s. 89, ch. 2001-226; s. 7, ch. 2003-154.
Note.—Created from former s. 732.37.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.206 - Probate of will of resident after foreign probate.

733.206 Probate of will of resident after foreign probate.—
(1) If a will of any person who dies a resident of this state is admitted to probate in any other state or country through inadvertence, error, or omission before probate in this state, the will may be admitted to probate in this state if the original could have been admitted to probate in this state.
(2) An authenticated copy of the will, foreign proof of the will, the foreign order of probate, and any letters issued shall be filed instead of the original will and shall be prima facie evidence of its execution and admission to foreign probate.
(3) Any interested person may oppose the probate of the will or may petition for revocation of the probate of the will, as in the original probate of a will in this state.
History.—s. 1, ch. 74-106; s. 56, ch. 75-220; s. 90, ch. 2001-226.
Note.—Created from former s. 732.35.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.207 - Establishment and probate of lost or destroyed will.

733.207 Establishment and probate of lost or destroyed will.—Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate. The specific content of the will must be proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness.
History.—s. 1, ch. 74-106; s. 57, ch. 75-220; s. 91, ch. 2001-226.
Note.—Created from former s. 732.27.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.208 - Discovery of later will.

733.208 Discovery of later will.—On the discovery of a later will or codicil, any interested person may petition to revoke the probate of the earlier will or to probate the later will or codicil. No will or codicil may be offered after the testate or intestate estate has been completely administered and the personal representative discharged.
History.—s. 1, ch. 74-106; s. 58, ch. 75-220; s. 92, ch. 2001-226.
Note.—Created from former s. 732.32.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.209 - Estates of missing persons.

733.209 Estates of missing persons.—Any interested person may petition to administer the estate of a missing person; however, no personal representative shall be appointed until the court determines the missing person is dead.
History.—s. 1, ch. 74-106; s. 93, ch. 2001-226.
Note.—Created from former s. 732.53.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.2121 - Notice to creditors; filing of claims.

733.2121 Notice to creditors; filing of claims.—
(1) Unless creditors’ claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative’s attorney, and the date of first publication. The notice shall state that creditors must file claims against the estate with the court during the time periods set forth in s. 733.702, or be forever barred.
(2) Publication shall be once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered or, if there is no newspaper published in the county, in a newspaper of general circulation in that county.
(3)(a) The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part, whose claim has been paid in full, or whose claim is listed in a personal representative’s timely filed proof of claim.
(b) The personal representative is not individually liable to any person for giving notice under this section, even if it is later determined that notice was not required. The service of notice to creditors in accordance with this section shall not be construed as admitting the validity or enforceability of a claim.
(c) If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate.
(d) If a decedent at the time of death was 55 years of age or older, the personal representative shall promptly serve a copy of the notice to creditors and provide a copy of the death certificate on the Agency for Health Care Administration within 3 months after the first publication of the notice to creditors, unless the agency has already filed a statement of claim in the estate proceedings.
(e) The personal representative may serve a notice to creditors on the Department of Revenue only when the Department of Revenue is determined to be a creditor under paragraph (a).
(4) Claims are barred as provided in ss. 733.702 and 733.710.
History.—s. 95, ch. 2001-226; s. 9, ch. 2003-154; s. 4, ch. 2005-140; s. 49, ch. 2017-36.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.2123 - Adjudication before issuance of letters.

733.2123 Adjudication before issuance of letters.—A petitioner may serve formal notice of the petition for administration on interested persons. A person who is served with such notice before the issuance of letters or who has waived notice may not challenge the validity of the will, testacy of the decedent, venue, or jurisdiction of the court, except in the proceedings before issuance of letters.
History.—s. 60, ch. 75-220; s. 2, ch. 81-27; s. 987, ch. 97-102; s. 96, ch. 2001-226; s. 14, ch. 2010-132; s. 3, ch. 2015-27.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part II - Commencing Administration (Ss. 733.201-733.213) › 733.213 - Probate as prerequisite to judicial construction of will.

733.213 Probate as prerequisite to judicial construction of will.—A will may not be construed until it has been admitted to probate.
History.—s. 1, ch. 74-106; s. 61, ch. 75-220; s. 97, ch. 2001-226.
Note.—Created from former s. 732.42.
2023 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) › 733.301 - Preference in appointment of personal representative.

733.301 Preference in appointment of personal representative.—
(1) In granting letters of administration, the following order of preference shall be observed:
(a) In testate estates:
1. The personal representative, or his or her successor, nominated by the will or pursuant to a power conferred in the will.
2. The person selected by a majority in interest of the persons entitled to the estate.
3. A devisee under the will. If more than one devisee applies, the court may select the one best qualified.
(b) In intestate estates:
1. The surviving spouse.
2. The person selected by a majority in interest of the heirs.
3. The heir nearest in degree. If more than one applies, the court may select the one best qualified.
(2) A guardian of the property of a ward who if competent would be entitled to appointment as, or to select, the personal representative may exercise the right to select the personal representative.
(3) In either a testate or an intestate estate, if no application is made by any of the persons described in subsection (1), the court shall appoint a capable person; but no person may be appointed under this subsection:
(a) Who works for, or holds public office under, the court.
(b) Who is employed by, or holds office under, any judge exercising probate jurisdiction.
(4) After letters have been granted in either a testate or an intestate estate, if a person who was entitled to, and has not waived, preference over the person appointed at the time of the appointment and on whom formal notice was not served seeks the appointment, the letters granted may be revoked and the person entitled to preference may have letters granted after formal notice and hearing.
(5) After letters have been granted in either a testate or an intestate estate, if any will is subsequently admitted to probate, the letters shall be revoked and new letters granted.
History.—s. 1, ch. 74-106; s. 62, ch. 75-220; s. 21, ch. 77-87; s. 1, ch. 77-174; s. 988, ch. 97-102; s. 98, ch. 2001-226.
Note.—Created from former s. 732.44.
2023 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) › 733.302 - Who may be appointed personal representative.

733.302 Who may be appointed personal representative.—Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.
History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 5, ch. 79-343; s. 989, ch. 97-102; s. 99, ch. 2001-226.
Note.—Created from former s. 732.45.
2023 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) › 733.303 - Persons not qualified.

733.303 Persons not qualified.—
(1) A person is not qualified to act as a personal representative if the person:
(a) Has been convicted of a felony.
(b) Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in s. 825.101.
(c) Is mentally or physically unable to perform the duties.
(d) Is under the age of 18 years.
(2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s. 733.301.
History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 22, ch. 77-87; s. 990, ch. 97-102; s. 2, ch. 2021-221.
Note.—Created from former s. 732.46.
2023 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) › 733.304 - Nonresidents.

733.304 Nonresidents.—A person who is not domiciled in the state cannot qualify as personal representative unless the person is:
(1) A legally adopted child or adoptive parent of the decedent;
(2) Related by lineal consanguinity to the decedent;
(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or
(4) The spouse of a person otherwise qualified under this section.
History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 6, ch. 79-343.
Note.—Created from former s. 732.47.
2023 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) › 733.305 - Trust companies and other corporations and associations.

733.305 Trust companies and other corporations and associations.—
(1) All trust companies incorporated under the laws of Florida, all state banking corporations and state savings associations authorized and qualified to exercise fiduciary powers in Florida, and all national banking associations and federal savings and loan associations authorized and qualified to exercise fiduciary powers in Florida shall be entitled to act as personal representatives and curators of estates.
(2) When a qualified corporation has been named as a personal representative in a will and subsequently transfers its business and assets to, consolidates or merges with, or is in any manner provided by law succeeded by, another qualified corporation, on the death of the testator, the successor corporation may qualify as personal representative unless the will provides otherwise.
(3) A corporation authorized and qualified to act as a personal representative as a result of merger or consolidation shall succeed to the rights and duties of all predecessor corporations as the personal representative of estates upon filing proof in the court, and without a new appointment. A purchase of substantially all the assets and the assumption of substantially all the liabilities shall be deemed a merger for the purpose of this section.
History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 1, ch. 77-174; s. 3, ch. 81-27; s. 100, ch. 2001-226.
Note.—Created from former s. 732.49.
2023 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) › 733.306 - Effect of appointment of debtor.

733.306 Effect of appointment of debtor.—The appointment of a debtor as personal representative shall not extinguish the debt due the decedent.
History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 101, ch. 2001-226.
Note.—Created from former s. 732.51.
2023 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) › 733.307 - Succession of administration.

733.307 Succession of administration.—The personal representative of the estate of a deceased personal representative is not authorized to administer the estate of the first decedent. On the death of a sole or surviving personal representative, the court shall appoint a successor personal representative to complete the administration of the estate.
History.—s. 1, ch. 74-106; s. 64, ch. 75-220; s. 102, ch. 2001-226.
Note.—Created from former s. 732.52.
2023 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) › 733.308 - Administrator ad litem.

733.308 Administrator ad litem.—When an estate must be represented and the personal representative is unable to do so, the court shall appoint an administrator ad litem without bond to represent the estate in that proceeding. The fact that the personal representative is seeking reimbursement for claims against the decedent does not require appointment of an administrator ad litem.
History.—s. 1, ch. 74-106; s. 65, ch. 75-220; s. 103, ch. 2001-226.
Note.—Created from former s. 732.55.
2023 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) › 733.309 - Executor de son tort.

733.309 Executor de son tort.—No person shall be liable to a creditor of a decedent as executor de son tort, but any person taking, converting, or intermeddling with the property of a decedent shall be liable to the personal representative or curator, when appointed, for the value of all the property so taken or converted and for all damages to the estate caused by the wrongful action. This section shall not be construed to prevent a creditor of a decedent from suing anyone in possession of property fraudulently conveyed by the decedent to set aside the fraudulent conveyance.
History.—s. 1, ch. 74-106; s. 65, ch. 75-220; s. 991, ch. 97-102; s. 104, ch. 2001-226.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.