Florida Statute 731.303 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 731
PROBATE CODE: GENERAL PROVISIONS

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F.S. 731.303

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

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.

F.S. 731.303 on Google Scholar

F.S. 731.303 on Casetext

Amendments to 731.303

Arrestable Offenses / Crimes under Fla. Stat. 731.303

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 731.303.

Annotations, Discussions, Cases:

Cases Citing Statute 731.303

Total Results: 20

Mark Carmel v. Norman Fleisher

Court: District Court of Appeal of Florida | Date Filed: 2024-06-20

Snippet: section 731.303(1), Florida Statutes (2022) supports the trial court’s ruling. Section 731.303(1) provides

UNBORN CHILD, etc. v. DIRECTOR JAMES REYES

Court: District Court of Appeal of Florida | Date Filed: 2023-02-24

Snippet: unborn child is entitled to representation. See § 731.303(4), Fla. Stat. (“If the court determines that

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: Capacity; appointment of guardian advocate. § 731.303, Fla. Stat. Representation. § 733.308, Fla

Taplin v. Taplin

Court: District Court of Appeal of Florida | Date Filed: 2012-05-09

Citation: 88 So. 3d 344, 2012 WL 1605253, 2012 Fla. App. LEXIS 7207

Snippet: received by his representative as described in s. 731.303. § 737.307, Fla. Stat. (1981).3 Section 737.307

Kirton v. Fields

Court: Supreme Court of Florida | Date Filed: 2008-12-11

Citation: 997 So. 2d 349, 2008 WL 5170603

Snippet: of pregnancy without parental notification); § 731.303(4) (probate proceedings); § 743.09(3) (contract

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: statutory renumbering. This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: statutory renumbering. This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and

TMRMC v. Petersen

Court: District Court of Appeal of Florida | Date Filed: 2006-01-17

Citation: 920 So. 2d 75

Snippet: minor children in particular proceedings. Section 731.303(4), Florida Statutes (2004), provides that, in

Delpa, Inc. v. Martinez

Court: District Court of Appeal of Florida | Date Filed: 2004-07-21

Citation: 878 So. 2d 455, 2004 Fla. App. LEXIS 10822, 2004 WL 1621433

Snippet: adult under section 731.303(4), Florida Statutes (2003). However, section 731.303 governs representation

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: statutory renumbering. This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and

All Children's Hosp., Inc. v. Owens

Court: District Court of Appeal of Florida | Date Filed: 2000-03-29

Citation: 754 So. 2d 802, 2000 WL 320681

Snippet: over the other beneficiaries. See generally, § 731.303(2)(b)(3), Fla. Stat. (1993). We are not inclined

Nayee v. Nayee

Court: District Court of Appeal of Florida | Date Filed: 1998-01-23

Citation: 705 So. 2d 961, 1998 WL 20680

Snippet: beneficiary's representative as described in s. 731.303. § 737.307, Fla. Stat. (1995). The parties in this

Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1996-10-03

Citation: 683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Snippet: Stat. Waiver and consent by interested person. 731.303, Fla.Stat. Representation. 733.6171, Fla.Stat

Young v. ST. VINCENT'S MEDICAL CENTER

Court: District Court of Appeal of Florida | Date Filed: 1995-04-24

Citation: 653 So. 2d 499, 1995 WL 234614

Snippet: pregnancy other than in a hospital, and in section 731.303(2)(c), the Probate Code, referring to an unborn

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: statutory renumbering. This rule implements Resections 731.-303(5), Re 733.308, and Re 744.391, Florida Statutes

Payette v. Clark

Court: District Court of Appeal of Florida | Date Filed: 1990-02-16

Citation: 559 So. 2d 630, 1990 WL 12769

Snippet: required to be given notice of the petition. § 731.303(4)(a), Fla. Stat. (1987). Service of notice was

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Snippet: statutory renumbering. This rule implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.391, and includes

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Snippet: statutory renumbering. This rule implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.391, and includes

Griffin v. Griffin

Court: District Court of Appeal of Florida | Date Filed: 1985-02-18

Citation: 463 So. 2d 569, 10 Fla. L. Weekly 450

Snippet: John Michael Griffin. Appellee relies on Section 731.303(2)(b), Florida Statutes (1979)[2], to support her

Community Federal Savings & Loan Ass'n of the Palm Beaches v. Wright

Court: District Court of Appeal of Florida | Date Filed: 1984-06-20

Citation: 452 So. 2d 638, 1984 Fla. App. LEXIS 13617

Snippet: default. This is clearly wrong. Although section 731.303(2)(b)(l) provides that, to the extent there is