Florida Statutes
Fla. Stat. § 731.303 (2025)
Representation.
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731.303 Representation.—In the administration of or in judicial proceedings involving estates of decedents, the following apply:
(1) Persons are bound by orders binding others in the following cases:
(a)1. Orders binding the sole holder or all coholders of a power of revocation or a general, special, or limited power of appointment, including one in the form of a power of amendment or revocation to the extent that the power has not become unexercisable in fact, bind all persons to the extent that their interests, as persons who may take by virtue of the exercise or nonexercise of the power, are subject to the power.
2. Subparagraph 1. does not apply to:
a. Any matter determined by the court to involve fraud or bad faith by the trustee;
b. A power of a trustee to distribute trust property; or
c. A power of appointment held by a person while the person is the sole trustee.
(b) To the extent there is no conflict of interest between them or among the persons represented:
1. Orders binding a guardian of the property bind the ward.
2. Orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will, in establishing or adding to a trust, in reviewing the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties. However, for purposes of this section, a conflict of interest shall be deemed to exist when each trustee of a trust that is a beneficiary of the estate is also a personal representative of the estate.
3. Orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate, in actions or proceedings by or against the estate.
(c) An unborn or unascertained person, or a minor or any other person under a legal disability, who is not otherwise represented is bound by an order to the extent that person’s interest is represented by another party having the same or greater quality of interest in the proceeding.
(2) Orders binding a guardian of the person shall not bind the ward.
(3) In proceedings involving the administration of estates, notice is required as follows:
(a) Notice as prescribed by law shall be given to every interested person, or to one who can bind the interested person as described in paragraph (1)(a) or paragraph (1)(b). Notice may be given both to the interested person and to another who can bind him or her.
(b) Notice is given to unborn or unascertained persons who are not represented pursuant to paragraph (1)(a) or paragraph (1)(b) by giving notice to all known persons whose interests in the proceedings are the same as, or of a greater quality than, those of the unborn or unascertained persons.
(4) If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time, appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, or a person whose identity or address is unknown. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(5) The holder of a power of appointment over property not held in trust may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. Representation under this subsection does not apply to:
(a) Any matter determined by the court to involve fraud or bad faith by the trustee;
(b) A power of a trustee to distribute trust property; or
(c) A power of appointment held by a person while the person is the sole trustee.
History.—s. 1, ch. 74-106; s. 7, ch. 75-220; s. 5, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 88-217; s. 3, ch. 92-200; s. 951, ch. 97-102; s. 13, ch. 2001-226; s. 3, ch. 2002-82; s. 3, ch. 2003-154; s. 30, ch. 2006-217; s. 9, ch. 2007-153.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1984–2024 · leading case: Kirton v. Fields, 997 So. 2d 349 (Fla. 2008).
Kirton v. Fields, 997 So. 2d 349 (Fla. 2008). “01115(4)(a) (termination of pregnancy without parental notification); § 731.303(4) (probate proceedings); § 743.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “Statutory References § 731.303, Fla. Stat. Representation. § 733.”
Griffin v. Griffin, 463 So. 2d 569 (Fla. 1st DCA 1985). “(emphasis supplied) [2] § 731.303(2)(b), Fla. Stat. (1979), provides: Representation.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “§ 45a-132 (2010); Delaware: Rule 17(c), Chancery Court Rules (2012); Fla. Stat. Ann. § 731.303 (4) (2010); Ga.”
TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006). “Section 731.303(4), Florida Statutes (2004), provides that, in probate proceedings, "[i]f the court determines that representation of the interest would otherwise be inadequate, the court, may, at any time, appoint a guardian ad litem to represent the interests of .”
Payette v. Clark, 559 So. 2d 630 (Fla. 2d DCA 1990). “§ 731.303(4)(a), Fla. Stat. (1987). Service of notice was made as provided by law.”
All Child.'s Hosp., Inc. v. Owens, 754 So. 2d 802 (Fla. 2d DCA 2000). “See generally, § 731.303(2)(b)(3), Fla. Stat. (1993). We are not inclined to believe that such a lawsuit should be permitted during the pendency of the Estate, at least barring some exceptional circumstance not present in this case.”
Delpa, Inc. v. Martinez, 878 So. 2d 455 (Fla. 3d DCA 2004). “However, section 731.303 governs representation "in judicial proceedings involving estates of decedents or trusts," neither of which is implicated here.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “This rule implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 731.303, Fla. Stat. Representation. § 733.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “Statutory References § 731.303, Fla.Stat. Representation. § 733.”
Young v. St. Vincent's Med. Ctr., 653 So. 2d 499 (Fla. 1st DCA 1995). “03(3), proscribing any person from performing or assisting in the performance of an abortion in the third trimester of pregnancy other than in a hospital, and in section 731.303(2)(c), the Probate Code, referring to an unborn or unascertained "person" with regard to property…”
— 731.303(1) — 1 case
Mark Carmel v. Norman Fleisher (Fla. 4th DCA 2024).
— 731.303(1)(b) — 1 case
Mark Carmel v. Norman Fleisher (Fla. 4th DCA 2024).
— 731.303(2)(b) — 1 case
Griffin v. Griffin, 463 So. 2d 569 (Fla. 1st DCA 1985). “(emphasis supplied) [2] § 731.303(2)(b), Fla. Stat. (1979), provides: Representation.”
— 731.303(2)(b)(1) — 1 case
Cmty. Fed. Sav. & Loan v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984).
— 731.303(2)(b)(3) — 1 case
All Child.'s Hosp., Inc. v. Owens, 754 So. 2d 802 (Fla. 2d DCA 2000). “See generally, § 731.303(2)(b)(3), Fla. Stat. (1993). We are not inclined to believe that such a lawsuit should be permitted during the pendency of the Estate, at least barring some exceptional circumstance not present in this case.”
— 731.303(2)(b)(l) — 1 case
Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984).
— 731.303(2)(c) — 1 case
Young v. St. Vincent's Med. Ctr., 653 So. 2d 499 (Fla. 1st DCA 1995). “03(3), proscribing any person from performing or assisting in the performance of an abortion in the third trimester of pregnancy other than in a hospital, and in section 731.303(2)(c), the Probate Code, referring to an unborn or unascertained "person" with regard to property…”
— 731.303(4) — 4 cases
Kirton v. Fields, 997 So. 2d 349 (Fla. 2008). “01115(4)(a) (termination of pregnancy without parental notification); § 731.303(4) (probate proceedings); § 743.”
TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006). “Section 731.303(4), Florida Statutes (2004), provides that, in probate proceedings, "[i]f the court determines that representation of the interest would otherwise be inadequate, the court, may, at any time, appoint a guardian ad litem to represent the interests of .”
Delpa, Inc. v. Martinez, 878 So. 2d 455 (Fla. 3d DCA 2004). “However, section 731.303 governs representation "in judicial proceedings involving estates of decedents or trusts," neither of which is implicated here.”
Unborn Child, Etc. v. Dir. James Reyes (Fla. 3d DCA 2023).
— 731.303(4)(a) — 1 case
Payette v. Clark, 559 So. 2d 630 (Fla. 2d DCA 1990). “§ 731.303(4)(a), Fla. Stat. (1987). Service of notice was made as provided by law.”
— 731.303(5) — 5 cases
Florida Bar, 537 So. 2d 500 (Fla. 1988). “This rule implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 731.303, Fla. Stat. Representation. § 733.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “Statutory References § 731.303, Fla.Stat. Representation. § 733.”
In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).
Florida Bar, 531 So. 2d 1261 (Fla. 1988).
— 731.303(b) — 1 case
Mark Carmel v. Norman Fleisher (Fla. 4th DCA 2024).
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