Florida Statutes
Fla. Stat. § 733.304 (2025)
Nonresidents.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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733.304 Nonresidents.—A person who is not domiciled in the state cannot qualify as personal representative unless the person is:
(1) A legally adopted child or adoptive parent of the decedent;
(2) Related by lineal consanguinity to the decedent;
(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or
(4) The spouse of a person otherwise qualified under this section.
Note.—Created from former s. 732.47.
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 1979–2026 · leading case: Hill v. Davis, 70 So. 3d 572 (Fla. 2011).
Hill v. Davis, 70 So. 3d 572 (Fla. 2011). “See §§ 733.304 [the nonresident qualification statute], 733.”
In Re Est. of Greenberg, 390 So. 2d 40 (Fla. 1980). “Under these statutory provisions, a nonresident of Florida who is not related to decedent as specified in section 733.304 may not qualify as a personal representative.”
Hill v. Davis, 31 So. 3d 921 (Fla. 1st DCA 2010). “See §§ 733.304, 733.3101, Fla. Stat. (2003). We find no basis to engraft the three-month limitation of the commencing administration statute onto the explicit provisions of the qualifications statute nor upon [Florida Probate] Rule 5.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.304, Fla. Stat. Nonresidents. § 733.”
Angelus v. Pass, 868 So. 2d 571 (Fla. 3d DCA 2004). “Angelus, the decedent's only child and one of the residuary legatees, claimed Pass was legally prohibited from serving as personal representative under Section 733.304, Florida Statutes (2003).”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 733.304, Fla. Stat. Nonresidents. § 733.”
Am. Airlines, Inc. v. Montero, 741 So. 2d 587 (Fla. 3d DCA 1999). “Montero as the personal representative arguing that pursuant to section 733.304, Florida Statutes (1997), the probate court improperly appointed Mr.”
Fain v. Hall, 463 F. Supp. 661 (M.D. Fla. 1979). “§ 733.304 exempts certain relatives and in-laws from the prohibition against serving even though they are nonresidents, thus recognizing that nonresidence is not an absolute practical bar to service.”
In Re Est. of Angeleri, 575 So. 2d 794 (Fla. 4th DCA 1991). “Section 733.304 provides certain exceptions to this residency requirement: Nonresidents.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “§ 733.304, Fla.Stat. Nonresidents. § 733.”
In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021). “§ 733.304, Fla. Stat. Nonresidents. § 733.”
In Re: Amendments to Florida Prob. Rules (Fla. 2026). “§ 733.304, Fla. Stat. Nonresidents. § 733.”
— 733.304(3) — 3 cases
Hill v. Davis, 70 So. 3d 572 (Fla. 2011). “See §§ 733.304 [the nonresident qualification statute], 733.”
Hill v. Davis, 31 So. 3d 921 (Fla. 1st DCA 2010). “See §§ 733.304, 733.3101, Fla. Stat. (2003). We find no basis to engraft the three-month limitation of the commencing administration statute onto the explicit provisions of the qualifications statute nor upon [Florida Probate] Rule 5.”
Angelus v. Pass, 868 So. 2d 571 (Fla. 3d DCA 2004). “Angelus, the decedent's only child and one of the residuary legatees, claimed Pass was legally prohibited from serving as personal representative under Section 733.304, Florida Statutes (2003).”
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