RULE 5.310. DISQUALIFICATION OF PERSONAL
REPRESENTATIVE; NOTIFICATION

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 on
all interested persons a notice stating:

(a) the reason(s) the personal representative would not be
qualified for appointment if application for appointment were then
made and the date on which the disqualifying event occurred; and

(b) that any interested person may file a petition to remove
the personal representative within 30 days after the date on which
such notice is served.

Committee Notes

Notification under this rule or section 733.3101(2), Florida
Statutes, does not automatically affect the authority of the personal
representative to act. The personal representative may resign or
interested persons or the court must act to remove the personal
representative.

Rule History

1975 Revision: This is same as old rule 5.220 and old section
732.47(3), Florida Statutes. The rule sets forth the imperative need
for timely action and the inherent responsibility of a fiduciary to
effect orderly succession. It further implies the inherent jurisdiction
of the court to control by judicial overview the succession.

1977 Revision: Citation form change in committee note.

1988 Revision: Committee notes revised. Citation form
changes in committee notes.
1992 Revision: Editorial changes to clarify rule. Committee
notes revised. Citation form changes in committee notes.

2002 Revision: Rule amended to implement procedures found
in section 733.3101, Florida Statutes. Committee notes revised.

2015 Revision: Rule amended to conform to amendment to
section 733.3101, Florida Statutes, which modifies the substance
and procedure for the disqualification of a personal representative.
Citation revised in committee notes. Committee notes revised.

Statutory References

§ 731.301, Fla. Stat. Notice.

§ 733.302, Fla. Stat. Who may be appointed personal
representative.

§ 733.303, Fla. Stat. Persons not qualified.

§ 733.3101, Fla. Stat. Personal representative not qualified.

§ 733.502, Fla. Stat. Resignation of personal representative.

§ 733.504, Fla. Stat. Removal of personal representative;
causes for removal.

§ 733.505, Fla. Stat. Jurisdiction in removal proceedings.

§ 733.506, Fla. Stat. Proceedings for removal.

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.430 Resignation of personal representative.

Fla. Prob. R. 5.440 Proceedings for removal.