Florida Probate Rule 5.235
RULE 5.235. ISSUANCE OF LETTERS, BOND
(a) Appointment of Personal Representative. After the
petition for administration is filed and the will, if any, is admitted to
probate:
(1) the court shall appoint the person entitled and
qualified to be personal representative;
(2) the court shall determine the amount of any bond
required. The clerk may approve the bond in the amount
determined by the court; and
(3) any required oath or designation of, and acceptance
by, a resident agent shall be filed.
(b) Issuance of Letters. Upon compliance with all of the
foregoing, letters shall be issued to the personal representative.
(c) Bond. 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 personal representative or curator to give bond,
increase or decrease the bond, or require additional surety.
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in sections 733.401 and 733.403(2), Florida
Statutes, both of which were repealed in 2001. It is not intended to
change the effect of the statutes from which it was derived but has
been reformatted to conform with the structure of these rules. It is
not intended to create a new procedure or modify an existing
procedure.
Rule History
1988 Revision: New rule.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
1996 Revision: Mandate in subdivision (a)(2) prohibiting
charge of service fee by clerk deleted. Statutory references added.
2003 Revision: Committee notes revised.
2010 Revision: Committee notes revised.
Statutory References
§ 28.24(19), Fla. Stat. Service charges by clerk of the circuit
court.
§ 28.2401, Fla. Stat. Service charges in probate matters.
§ 733.402, Fla. Stat. Bond of fiduciary; when required; form.
§ 733.403, Fla. Stat. Amount of bond.
§ 733.405, Fla. Stat. Release of surety.
§ 733.501, Fla. Stat. Curators.
Rule References
Fla. Prob. R. 5.110 Address designation for personal
representative or guardian; designation of resident agent and
acceptance.
Fla. Prob. R. 5.122 Curators.
Fla. Prob. R. 5.320 Oath of personal representative.
(a) Appointment of Personal Representative. After the
petition for administration is filed and the will, if any, is admitted to
probate:
(1) the court shall appoint the person entitled and
qualified to be personal representative;
(2) the court shall determine the amount of any bond
required. The clerk may approve the bond in the amount
determined by the court; and
(3) any required oath or designation of, and acceptance
by, a resident agent shall be filed.
(b) Issuance of Letters. Upon compliance with all of the
foregoing, letters shall be issued to the personal representative.
(c) Bond. 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 personal representative or curator to give bond,
increase or decrease the bond, or require additional surety.
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in sections 733.401 and 733.403(2), Florida
Statutes, both of which were repealed in 2001. It is not intended to
change the effect of the statutes from which it was derived but has
been reformatted to conform with the structure of these rules. It is
not intended to create a new procedure or modify an existing
procedure.
Rule History
1988 Revision: New rule.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
1996 Revision: Mandate in subdivision (a)(2) prohibiting
charge of service fee by clerk deleted. Statutory references added.
2003 Revision: Committee notes revised.
2010 Revision: Committee notes revised.
Statutory References
§ 28.24(19), Fla. Stat. Service charges by clerk of the circuit
court.
§ 28.2401, Fla. Stat. Service charges in probate matters.
§ 733.402, Fla. Stat. Bond of fiduciary; when required; form.
§ 733.403, Fla. Stat. Amount of bond.
§ 733.405, Fla. Stat. Release of surety.
§ 733.501, Fla. Stat. Curators.
Rule References
Fla. Prob. R. 5.110 Address designation for personal
representative or guardian; designation of resident agent and
acceptance.
Fla. Prob. R. 5.122 Curators.
Fla. Prob. R. 5.320 Oath of personal representative.