Florida Statutes

Fla. Stat. § 733.302 (2025)

Who may be appointed personal representative.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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733.302 Who may be appointed personal representative.Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.
History.s. 1, ch. 74-106; s. 63, ch. 75-220; s. 5, ch. 79-343; s. 989, ch. 97-102; s. 99, ch. 2001-226.
Note.Created from former s. 732.45.
Notes of Decisions
Cited in 34 cases (5 in the last 5 years), 1976–2026 · leading case: In Re Est. of Greenberg, 390 So. 2d 40 (Fla. 1980).
In Re Est. of Greenberg, 390 So. 2d 40 (Fla. 1980). · cites it 4× “1976), we held that the United States citizenship requirement contained in section 733.302, Florida Statutes (1975), was invalid because such requirement violated the equal protection clauses of the fourteenth amendment to the United States Constitution and article I, section 2…”
United States v. Stone, 139 F.3d 822 (11th Cir. 1998). · cites it 2× “34 ; the right to administrate the estate of a deceased, Fla. Stat. Ann. § 733.302 ; and the right to enter certain professions or hold particular licenses (private investigator, yacht broker, & c.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 4× “§ 733.302, Fla. Stat. Who may be appointed personal representative.”
Fain v. Hall, 463 F. Supp. 661 (M.D. Fla. 1979). · cites it 5× “For the reasons given, the Court finds that the irrebuttable presumption, created *666 by Fla.Stat. §§ 733.302 and 304, that Mr. Malkin, or one in his position, is unable to perform the duties as personal representative of Mr.”
Veltmann v. Walpole Pharmacy, Inc., 928 F. Supp. 1161 (M.D. Fla. 1996). · cites it 2× “§ 733.302 Fla.Stat. (1995). 1 Neither Plaintiff has alleged in the Complaint that they are bringing this suit as a personal representative of Elizabeth M.”
Padgett v. Est. of Gilbert, 676 So. 2d 440 (Fla. 1st DCA 1996). · cites it 2× “The applicable probate statutes, in addition to the bar on convicted felons, require only that persons seeking to qualify to act as a personal representative not be "incompetent to discharge the duties of a personal representative" as a result of "sickness, intemperance, or want…”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 4× “§ 733.302, Fla. Stat. Who may be appointed personal representative.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 2× “F.S. 733.302 Who may be appointed personal representative.”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “§ 733.302, Fla. Stat. Who may be appointed personal representative.”
Pontrello v. Est. of Kepler, 528 So. 2d 441 (Fla. 2d DCA 1988). “We are herein called upon to determine if a trial court has any discretion to refuse to appoint the personal representative named in a will if such person meets all of the statutory qualifications for appointment.”
In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). · cites it 2× “*210 § 733.302, Fla. Stat. Who may be appointed personal representative.”
Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 733.302 Who may be appointed personal representative.”
— 733.302(2) — 1 case
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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