CopyCited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726
...§
743.0645 (listing persons who may consent to the medical care or treatment of a minor). [58] See Fla. Stat. §
562.11. [59] See Fla. Stat. §
569.101. [60] See Fla. Stat. §
732.501 ("Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will") [61] See Fla. Stat. §
733.303(1)(c)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 174361
...on C. Gilbert (Gilbert), the deceased minor's father, in the estate are "divergent and conflicting"; precluding Gilbert, a convicted felon whose civil rights had been restored, from serving as personal representative pursuant to sections
733.302 and
733.303, Florida Statutes (1993); and appointing an administrator ad litem....
...Gilbert asserts that, because his civil rights were restored through the governor's constitutional power to grant clemency, he cannot now be precluded from becoming a personal representative by the legislative prohibition contained in sections
733.302 and
733.303, Florida Statutes....
...ve not be "incompetent to discharge the duties of a personal representative" as a result of "sickness, intemperance, or want of understanding," section
733.302, Florida Statutes (1993) or not be "mentally or physically unable to perform the duties," section
733.303(1)(b), Florida Statutes (1993)....
...occupying a position of statutory preference who is not specifically disqualified by the statute. In re the Estate of Snyder,
333 So.2d 519 (Fla. 2d DCA 1976). Accordingly, in keeping with Sandlin, we hold that the provisions of sections
733.302 and
733.303 do not absolutely disqualify Gilbert, as a convicted felon who has received a restoration of civil rights, from consideration as a personal representative of his daughter's estate....
...as personal representative in Florida. A person who has been convicted of a felony or who, from sickness, intemperance, or want of understanding, is incompetent to discharge the duties of a personal representative is not qualified. (Emphasis added). 733.303 Persons not qualified. (1) A person is not qualified to act as a personal representative if: (a) He has been convicted of a felony....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...§
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2013 Fla. App. LEXIS 12724, 2013 WL 4081414
...McCormick (“McCormick”); his son and law partner Arthur F. McCormick, IV ("McCormick IV”); and their law firm, McCormick, McCormick & McCormick, P.A. ("MM&M”). . Although the specific language changed during some of the years at issue here (compare § 733.303(4), Fla. Stat. (2000), with §§ 733.303(4), .3035, Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 1979 U.S. Dist. LEXIS 15301
...§
733.602(1) makes it the duty of a personal representative to "settle and distribute the estate of the decedent in accordance with the terms of [the decedent's] will and this (probate) code as expeditiously and efficiently as is consistent with the best interests of the estate" [4] and §
733.303(1)(b) prohibits appointment of a person if "[h]e is mentally or physically unable to perform the duties" of a personal representative....
...the best interests of the estate. He shall use the authority conferred upon him by this code, the authority in the will, if any, and the authority of any order in proceedings to which he is a party, for the best interests of interested persons. [5] § 733.303 Persons not qualified. (1) A person is not qualified to act as a personal representative if: (a) He has been convicted of a felony....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2007 WL 983053
...ferred representative. See also §
733.301(1)(b), Fla. Stat. (2006) (providing that after a surviving spouse, the person selected by a majority in interest of the heirs or the heir nearest in degree has priority to serve as personal representative); §
733.303(1)(a), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...§
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. *210 §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3613178
...). Nothing in section
733.301(1)(a) purports to vest discretion in the trial courts to disregard the preference there specified, as long as the personal representative nominated by the decedent is statutorily qualified to serve. Sections
733.302 and
733.303(1), together, set out the qualifications required of one who wishes to serve as a personal representative. Section
733.302 requires that the person be "sui juris" and "a resident of Florida at the time of the death of the person whose estate is to be administered." It is undisputed that appellant satisfied these two requirements. Section
733.303(1) states that one who "[h]as been convicted of a felony," "[i]s mentally or physically unable to perform the duties," or "[i]s under the age of 18 years" is not qualified to serve....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...Statutory References §
731.201(21)(23), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.202, Fla. Stat. Petition. §
733.301, Fla. Stat. Preference in appointment of personal representative. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
...§
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...§
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...732.5165 Effect of fraud, duress, mistake, and undue influence. F.S.
733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters. F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified....
...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. Statutory References F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...732.5165 Effect of fraud, duress, mistake, and undue influence. F.S.
733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters. F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified....
...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. Statutory References: F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064
...bate. o & I© 2 o s o CO 3 F OO S’ CO CO §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References §
731.301, Fla.Stat. Notice; method and time; proof.
733.202, Fla.Stat. Petition. §
733.302, Fla.Stat. Who may be appointed personal representative. §
733.303, Fla.Stat....
...§
733.109, Fla.Stat. Revocation of probate. §
733.212, Fla.Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla.Stat. Adjudication before issuance of letters. §
733.302, Fla.Stat. Who may be appointed personal representative. §
733.303, Fla.Stat....
...1992 Revision: Editorial changes to clarify rule. Committee notes revised. Citation form changes in committee notes. Statutory References §
731.301, Fla.Stat. Notice; method and time; proof. E&§
733.302, Fla.Stat. Who may be appointed personal representative. 1¾=⅛
733.303, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...732.5165 Effect of fraud, duress, mistake, and undue influence. F.S.
733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. *1093 F.S.
733.2123 Adjudication before issuance of letters. F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified....
CopyPublished | Supreme Court of Florida
...The oath for an
individual shallmust substantially comply with the following form:
[CAPTION]
OATH OF PERSONAL REPRESENTATIVE
STATE OF
COUNTY OF
I, , (Aaffiant), 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....
...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....
CopyPublished | Supreme Court of Florida
...or foreign jurisdiction of abuse, neglect, or exploitation of an elderly
-2-
person or a disabled adult, as those terms are defined in section
825.101, Florida Statutes. See ch. 2021-221, § 2, Laws of Fla.
(enacting §
733.303(1)(b), Fla....
...Method and place of execution.
§
732.526, Fla. Stat. Probate.
§
733.202, Fla. Stat. Petition.
§
733.301, Fla. Stat. Preference in appointment of personal
representative.
§
733.302, Fla. Stat. Who may be appointed personal
representative.
§
733.303, Fla....
...The oath shall
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....
...neglect, or exploitation of an elderly or disabled adult and to revise
notary block for compliance with revised section
117.05, Florida
Statutes.
Statutory References
733.302, Fla. Stat. Who may be appointed personal
representative
733.303, Fla....
CopyPublished | Supreme Court of Florida
...Additionally, the rule is amended to add a new subdivision (k) to
require a statement that the personal representative is qualified to serve under the
laws of Florida as a business entity under section
733.305, Florida Statutes, or as
an individual under sections
733.303 and
733.304, Florida Statutes.
Rule 5.275 (Burden of Proof in Will Contests) is amended to correspond to
legislative changes in section
733.107, Florida Statutes....
...the
appointment of a personal representative under section
733.301, Florida Statutes.
Subdivision (k) adopted to require a statement of the specific facts that show the
petitioner’s qualifications to serve as personal representative under sections
733.303 and
733.304, Florida Statutes.
Statutory References
[No Change]
Rule References
[No Change]
RULE 5.240....
...Revocation of probate.
§
733.212, Fla. Stat. Notice of administration; filing of objections.
§
733.2123, Fla. Stat. Adjudication before issuance of letters.
§
733.302, Fla. Stat. Who may be appointed personal representative.
§
733.303, Fla....
...The oath shall 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....
...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.
Statutory References
733.302, Fla. Stat. Who may be appointed personal representative
733.303, Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...of a foreign official. Editorial changes. Committee notes revised. Statutory References §
731.301, Fla. Stat. Notice; — method: and time;--proof §
733.202, Fla. Stat. Petition. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
...§
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
...2002 Revision: Rule amended to implement procedures found in section
733.3101, Florida Statutes. Committee notes revised. Statutory References §
731.301, Fla. Stat. Notice; method and time; proof. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Statutory References §
731.201(21), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.202, Fla. Stat. Petition. §
733.301, Fla. Stat. Preference in appointment of personal representative. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
...§
733.109, Fla. Stat. Revocation of probate. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla....
CopyPublished | District Court of Appeal of Florida
LAMBERT and EISNAUGLE, JJ., concur. 2 See §
733.303, Fla. Stat.
CopyPublished | Supreme Court of Florida
...Method and place of execution.
§
732.526, Fla. Stat. Probate.
§
733.202, Fla. Stat. Petition.
§
733.301, Fla. Stat. Preference in appointment of personal representative.
§
733.302, Fla. Stat. Who may be appointed personal representative.
§
733.303, Fla....
CopyPublished | Supreme Court of Florida
...Additionally, the rule is amended to add a new subdivision (k) to
require a statement that the personal representative is qualified to serve under the
laws of Florida as a business entity under section
733.305, Florida Statutes, or as
an individual under sections
733.303 and
733.304, Florida Statutes.
-4-
Rule 5.275 (Burden of Proof in Will Contests) is amended to correspond to
legislative changes in section
733.107, Florida Statutes....
...the
appointment of a personal representative under section
733.301, Florida Statutes.
Subdivision (k) adopted to require a statement of the specific facts that show the
petitioner’s qualifications to serve as personal representative under sections
733.303 and
733.304, Florida Statutes.
Statutory References
[No Change]
Rule References
[No Change]
RULE 5.240....
...Revocation of probate.
§
733.212, Fla. Stat. Notice of administration; filing of objections.
§
733.2123, Fla. Stat. Adjudication before issuance of letters.
§
733.302, Fla. Stat. Who may be appointed personal representative.
§
733.303, Fla....
...The oath shall 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....
...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.
Statutory References
733.302, Fla. Stat. Who may be appointed personal representative
733.303, Fla....
CopyPublished | Supreme Court of Florida
...The oath for an
individual shallmust substantially comply with the following form:
[CAPTION]
OATH OF PERSONAL REPRESENTATIVE
STATE OF
COUNTY OF
I, , (Aaffiant), 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....
...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....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 12124, 2003 WL 21920403
KLEIN, J. The trial court discharged the petitioner as the personal representative of an estate after discovering that he was a disbarred attorney and convicted felon. Convicted felons are not legally qualified to act as personal representatives. § 733.303(l)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 WL 1579270, 2016 Fla. App. LEXIS 5993
...daughter’s estate, claiming that as her sole heir, he is entitled to
appointment as personal representative. We affirm. Appellant has been
convicted of a felony. As such, he is disqualified from serving as personal
representative of his daughter’s estate. See § 733.303(1)(a), Fla....
