Florida Probate Rule 5.320
RULE 5.320. OATH OF PERSONAL REPRESENTATIVE
Before the granting of letters of administration, the prospective
personal representative must file an oath to faithfully administer
the estate of the decedent.
(a) Oath of Personal Representative; Entity. For a trust
company, corporation, association, or other entity, the oath must
also contain a statement that the personal representative is
authorized and qualified to serve under section 733.305, Florida
Statutes. The oath must substantially comply with the following
form.
[CAPTION]
OATH OF PERSONAL REPRESENTATIVE
STATE OF
COUNTY OF
I, , (affiant), state under oath that:
1. I am of , a:
Trust company incorporated under the laws of
Florida;
State banking corporation authorized and qualified
to exercise fiduciary powers in Florida under section 733.305,
Florida Statutes;
State savings corporation authorized and qualified
to exercise fiduciary powers in Florida under section 733.305,
Florida Statutes;
National banking association authorized and
qualified to exercise fiduciary powers in Florida under section
733.305, Florida Statutes; or
Federal savings and loan association authorized and
qualified to exercise fiduciary powers in Florida under section
733.305, Florida Statutes;
and I am authorized to make this oath on behalf of the entity.
2. The entity’s place of business is and
post office address is .
3. The entity will faithfully administer the estate of the
decedent according to law.
4. The entity will promptly file and serve a notice on all
interested persons at any time the entity would not be qualified for
appointment and will include the reason the entity would not then
be qualified and the date on which the disqualifying event occurred.
5. The entity will file and serve a notice within 20 days on all
interested persons, in the event there is a change in the entity’s
place of business or mailing address.
Affiant
Sworn to (or affirmed) and subscribed before me by means of
physical presence or online notarization, this day
of , 20 , by (name of person making
statement).
______________________________
Signature of Notary
Public—State of Florida
(Print, Type, or Stamp
Commissioned
Name of Notary Public)
Personally Known or Produced Identification
Type of Identification Produced
(b) Oath of Personal Representative; Individual. For an
individual, the oath must also contain a statement that the
personal representative has reviewed the statutes relating to the
requirements for appointment as personal representative, that the
personal representative is qualified to serve, and that the personal
representative has a continuing duty to file and serve a notice upon
the occurrence of an event that would disqualify the personal
representative. If the petition is verified by the prospective personal
representative individually, the oath may be incorporated in the
petition or in the designation of resident agent. The oath for an
individual must substantially comply with the following form:
[CAPTION]
OATH OF PERSONAL REPRESENTATIVE
STATE OF
COUNTY OF
I, , (affiant), state under oath that:
1. I am qualified within the provisions of sections 733.302,
733.303, and 733.304, Florida Statutes, to serve as personal
representative of the estate of , deceased. I have
reviewed the statutes and understand the qualifications. Under
penalties of perjury, I certify that the following statements are true:
a. I am 18 years of age or older.
b. I have never been convicted of a felony.
c. I have never 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 section 825.101,
Florida Statutes.
d. I am mentally and physically able to perform the
duties of personal representative.
e. I am a resident of the State of Florida, or, if I am not
a resident of the State of Florida, I am:
a legally adopted child or adoptive parent of
the decedent;
related by lineal consanguinity to the
decedent; 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
the spouse of a person otherwise qualified
under 1 of the provisions above.
2. I will faithfully administer the estate of the decedent
according to law.
3. My place of residence is , and my
post office address is .
4. I will promptly file and serve a notice on all
interested persons at any time I know that I would not be qualified
for appointment and will include the reason I would not then be
qualified and the date on which the disqualifying event occurred.
5. I will file and serve a notice within 20 days on all
interested persons, in the event there is a change in my residence
address, street address, or mailing address.
Affiant
Sworn to (or affirmed) and subscribed before me by means of
_____ physical presence or _______ online notarization, this _____
day of ________, 20__, by _____________________ (name of person
making statement).
______________________________
Signature of Notary
Public—State of Florida
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
Personally Known _______ or Produced Identification __________
Type of Identification Produced ____________________________
Committee Notes
It is contemplated the oath may be signed concurrently with
the petition for administration and will be valid even if it predates
the order appointing the personal representative.
Rule History
1977 Revision: No change in rule. Change in committee note
to conform to statutory renumbering.
This rule establishes the uniform requirement for an oath of
faithful performance of fiduciary duties within the permissiveness of
section 733.401(1)(d), Florida Statutes. Should be taken together
with new rule 5.110, Resident Agent.
1988 Revision: Committee notes expanded. Citation form
changes in committee notes.
1992 Revision: Editorial change. Committee notes revised.
Citation form changes in committee notes.
2003 Revision: Committee notes revised.
2019 Revision: Amended the rule to conform the oath to
statutory changes and to provide a proposed form for the oath of
personal representative. The oath is expanded to address the
qualifications and continuing duties of the personal representative.
2021 Revision: Form Oath amended to require a statement
that the personal representative has never been convicted of abuse,
neglect, or exploitation of an elderly or disabled adult and to revise
notary block for compliance with revised section 117.05, Florida
Statutes.
2024 Revision: Rule was amended to distinguish between the
oath requirements for corporate and individual personal
representatives. Committee notes revised.
Statutory References
§ 733.302, Fla. Stat. Who may be appointed personal
representative.
§ 733.303, Fla. Stat. Persons not qualified.
§ 733.304, Fla. Stat. Nonresidents.
§ 733.305, Fla. Stat. Trust companies and other corporations
and associations.
§ 733.3101, Fla. Stat. Personal representative not qualified.
§ 825.101, Fla. Stat. Definitions.
Rule References
Fla. Prob. R. 5.110 Address designation for personal
representative or guardian; designation of resident agent and
acceptance.
Fla. Prob. R. 5.235 Issuance of letters, bond.
Before the granting of letters of administration, the prospective
personal representative must file an oath to faithfully administer
the estate of the decedent.
(a) Oath of Personal Representative; Entity. For a trust
company, corporation, association, or other entity, the oath must
also contain a statement that the personal representative is
authorized and qualified to serve under section 733.305, Florida
Statutes. The oath must substantially comply with the following
form.
[CAPTION]
OATH OF PERSONAL REPRESENTATIVE
STATE OF
COUNTY OF
I, , (affiant), state under oath that:
1. I am of , a:
Trust company incorporated under the laws of
Florida;
State banking corporation authorized and qualified
to exercise fiduciary powers in Florida under section 733.305,
Florida Statutes;
State savings corporation authorized and qualified
to exercise fiduciary powers in Florida under section 733.305,
Florida Statutes;
National banking association authorized and
qualified to exercise fiduciary powers in Florida under section
733.305, Florida Statutes; or
Federal savings and loan association authorized and
qualified to exercise fiduciary powers in Florida under section
733.305, Florida Statutes;
and I am authorized to make this oath on behalf of the entity.
2. The entity’s place of business is and
post office address is .
3. The entity will faithfully administer the estate of the
decedent according to law.
4. The entity will promptly file and serve a notice on all
interested persons at any time the entity would not be qualified for
appointment and will include the reason the entity would not then
be qualified and the date on which the disqualifying event occurred.
5. The entity will file and serve a notice within 20 days on all
interested persons, in the event there is a change in the entity’s
place of business or mailing address.
Affiant
Sworn to (or affirmed) and subscribed before me by means of
physical presence or online notarization, this day
of , 20 , by (name of person making
statement).
______________________________
Signature of Notary
Public—State of Florida
(Print, Type, or Stamp
Commissioned
Name of Notary Public)
Personally Known or Produced Identification
Type of Identification Produced
(b) Oath of Personal Representative; Individual. For an
individual, the oath must also contain a statement that the
personal representative has reviewed the statutes relating to the
requirements for appointment as personal representative, that the
personal representative is qualified to serve, and that the personal
representative has a continuing duty to file and serve a notice upon
the occurrence of an event that would disqualify the personal
representative. If the petition is verified by the prospective personal
representative individually, the oath may be incorporated in the
petition or in the designation of resident agent. The oath for an
individual must substantially comply with the following form:
[CAPTION]
OATH OF PERSONAL REPRESENTATIVE
STATE OF
COUNTY OF
I, , (affiant), state under oath that:
1. I am qualified within the provisions of sections 733.302,
733.303, and 733.304, Florida Statutes, to serve as personal
representative of the estate of , deceased. I have
reviewed the statutes and understand the qualifications. Under
penalties of perjury, I certify that the following statements are true:
a. I am 18 years of age or older.
b. I have never been convicted of a felony.
c. I have never 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 section 825.101,
Florida Statutes.
d. I am mentally and physically able to perform the
duties of personal representative.
e. I am a resident of the State of Florida, or, if I am not
a resident of the State of Florida, I am:
a legally adopted child or adoptive parent of
the decedent;
related by lineal consanguinity to the
decedent; 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
the spouse of a person otherwise qualified
under 1 of the provisions above.
2. I will faithfully administer the estate of the decedent
according to law.
3. My place of residence is , and my
post office address is .
4. I will promptly file and serve a notice on all
interested persons at any time I know that I would not be qualified
for appointment and will include the reason I would not then be
qualified and the date on which the disqualifying event occurred.
5. I will file and serve a notice within 20 days on all
interested persons, in the event there is a change in my residence
address, street address, or mailing address.
Affiant
Sworn to (or affirmed) and subscribed before me by means of
_____ physical presence or _______ online notarization, this _____
day of ________, 20__, by _____________________ (name of person
making statement).
______________________________
Signature of Notary
Public—State of Florida
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
Personally Known _______ or Produced Identification __________
Type of Identification Produced ____________________________
Committee Notes
It is contemplated the oath may be signed concurrently with
the petition for administration and will be valid even if it predates
the order appointing the personal representative.
Rule History
1977 Revision: No change in rule. Change in committee note
to conform to statutory renumbering.
This rule establishes the uniform requirement for an oath of
faithful performance of fiduciary duties within the permissiveness of
section 733.401(1)(d), Florida Statutes. Should be taken together
with new rule 5.110, Resident Agent.
1988 Revision: Committee notes expanded. Citation form
changes in committee notes.
1992 Revision: Editorial change. Committee notes revised.
Citation form changes in committee notes.
2003 Revision: Committee notes revised.
2019 Revision: Amended the rule to conform the oath to
statutory changes and to provide a proposed form for the oath of
personal representative. The oath is expanded to address the
qualifications and continuing duties of the personal representative.
2021 Revision: Form Oath amended to require a statement
that the personal representative has never been convicted of abuse,
neglect, or exploitation of an elderly or disabled adult and to revise
notary block for compliance with revised section 117.05, Florida
Statutes.
2024 Revision: Rule was amended to distinguish between the
oath requirements for corporate and individual personal
representatives. Committee notes revised.
Statutory References
§ 733.302, Fla. Stat. Who may be appointed personal
representative.
§ 733.303, Fla. Stat. Persons not qualified.
§ 733.304, Fla. Stat. Nonresidents.
§ 733.305, Fla. Stat. Trust companies and other corporations
and associations.
§ 733.3101, Fla. Stat. Personal representative not qualified.
§ 825.101, Fla. Stat. Definitions.
Rule References
Fla. Prob. R. 5.110 Address designation for personal
representative or guardian; designation of resident agent and
acceptance.
Fla. Prob. R. 5.235 Issuance of letters, bond.