Florida Statutes

Fla. Stat. § 733.303 (2025)

Persons not qualified.

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733.303 Persons not qualified.—

(1) A person is not qualified to act as a personal representative if the person:

(a) Has been convicted of a felony.

(b) Has 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 s. 825.101.

(d) Is under the age of 18 years.

(2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s. 733.301.

History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 22, ch. 77-87; s. 990, ch. 97-102; s. 2, ch. 2021-221.

Note.—Created from former s. 732.46.

Notes of Decisions

Cited in 31 cases (7 in the last 5 years), 1979–2026 · leading case: McCormick v. Cox, 118 So. 3d 980 (Fla. 3d DCA 2013).

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McCormick v. Cox, 118 So. 3d 980 (Fla. 3d DCA 2013). · cites it 3× “Although the specific language changed during some of the years at issue here (compare § 733.303(4), Fla. Stat. (2000), with §§ 733.”

Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002). · cites it 2× “See Fla. Stat. § 733.303 (1)(c). 62 . See Fla.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 4× “§ 733.303, Fla. Stat. Persons not qualified.”

Padgett v. Est. of Gilbert, 676 So. 2d 440 (Fla. 1st DCA 1996). · cites it 2× “302, Florida Statutes (1993) or not be "mentally or physically unable to perform the duties," section 733.303(1)(b), Florida Statutes (1993).”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 4× “§ 733.303, Fla. Stat. Persons not qualified.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 2× “F.S. 733.303 Persons not qualified. F.S. 733.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “§ 733.303, Fla. Stat. Persons not qualified.”

Garcia v. Morrow, 954 So. 2d 656 (Fla. 3d DCA 2007). · cites it 2× “(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. Stat. (2006) (providing that a "person is not qualified to act as a…”

Fain v. Hall, 463 F. Supp. 661 (M.D. Fla. 1979). · cites it 2× “§ 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.”

Pontrello v. Est. of Kepler, 528 So. 2d 441 (Fla. 2d DCA 1988). “See §§ 733.303 and 733.504. Although the appellant can be removed after his appointment if cause for his removal arises under section 733.”

In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). · cites it 2× “§ 733.303, Fla. Stat. Persons not qualified.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 733.303 Persons not qualified. F.S. 733.”

Show all 31 citing cases →

— 733.303(1) — 1 case

Werner v. Est. of McCloskey, 943 So. 2d 1007 (Fla. 1st DCA 2006).

— 733.303(1)(a) — 4 cases

Garcia v. Morrow, 954 So. 2d 656 (Fla. 3d DCA 2007). “(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. Stat. (2006) (providing that a "person is not qualified to act as a…”

Dale Dixon, Adm'r Ad Litem of the Est. of Alfonso T. Glover, Jr. v. Michael J. Green, Rosa Wright, Ruth Randal, Deloris Kidd, Arlean Brookins, & Andrea Troutman (Fla. 5th DCA 2025).

Alfred v. Est. of Portier, 879 So. 2d 81 (Fla. 3d DCA 2004).

Moss v. Leesburg Reg'l Med. Ctr. (M.D. Fla. 2020).

— 733.303(1)(b) — 2 cases

Padgett v. Est. of Gilbert, 676 So. 2d 440 (Fla. 1st DCA 1996). “302, Florida Statutes (1993) or not be "mentally or physically unable to perform the duties," section 733.303(1)(b), Florida Statutes (1993).”

In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021).

— 733.303(4) — 1 case

McCormick v. Cox, 118 So. 3d 980 (Fla. 3d DCA 2013). “Although the specific language changed during some of the years at issue here (compare § 733.303(4), Fla. Stat. (2000), with §§ 733.”

— 733.303(l)(b) — 2 cases

Fain v. Hall, 463 F. Supp. 661 (M.D. Fla. 1979). “§ 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.”

Thibideau v. Est. of Blane, 851 So. 2d 911 (Fla. 4th DCA 2003).

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