Florida Statutes

Fla. Stat. § 733.305 (2025)

Trust companies and other corporations and associations.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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733.305 Trust companies and other corporations and associations.—

(1) All trust companies incorporated under the laws of Florida, all state banking corporations and state savings associations authorized and qualified to exercise fiduciary powers in Florida, and all national banking associations and federal savings and loan associations authorized and qualified to exercise fiduciary powers in Florida shall be entitled to act as personal representatives and curators of estates.

(2) When a qualified corporation has been named as a personal representative in a will and subsequently transfers its business and assets to, consolidates or merges with, or is in any manner provided by law succeeded by, another qualified corporation, on the death of the testator, the successor corporation may qualify as personal representative unless the will provides otherwise.

(3) A corporation authorized and qualified to act as a personal representative as a result of merger or consolidation shall succeed to the rights and duties of all predecessor corporations as the personal representative of estates upon filing proof in the court, and without a new appointment. A purchase of substantially all the assets and the assumption of substantially all the liabilities shall be deemed a merger for the purpose of this section.

History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 1, ch. 77-174; s. 3, ch. 81-27; s. 100, ch. 2001-226.

Note.—Created from former s. 732.49.

Notes of Decisions

Cited in 21 cases (4 in the last 5 years), 1984–2026 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 5× “§ 733.305, Fla. Stat. Trust companies and other corporations and associations.”

In Re Est. of Montanez, 687 So. 2d 943 (Fla. 3d DCA 1997). · cites it 4× “Section 733.305, Florida Statutes (1993), only allows corporations to serve as personal representatives of an estate when they are trust companies, banking corporations, savings associations, and savings and loan associations.”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 4× “§ 733.305, Fla. Stat. Trust companies and other corporations and associations.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “*970 § 733.305, Fla. Stat. Trust companies and other corporations and associations.”

In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). · cites it 2× “§ 733.305, Fla. Stat. Trust companies and other corporations and associations.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.305 Trust companies and other corporations and associations.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 733.305 Trust companies and other corporations and associations.”

In Re: Amendments to Florida Prob. Rules (Fla. 2024). · cites it 12× “§ 733.305, Fla. Stat. Trust companies and other corporations and associations.”

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). · cites it 4× “§ 733.305, Fla.Stat. Trust companies and other corporations and associations.”

DiDiego v. Crockett, Franklin & Chasen, P.A., 687 So. 2d 943 (Fla. 3d DCA 1997). · cites it 4× “Section 733.305, Florida Statutes (1993), only allows corporations to serve as personal representatives of an estate when they are trust companies, banking corporations, savings associations, and savings and loan associations.”

In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). · cites it 6× “§ 733.305, Fla. Stat. Trust companies and other corporations and associations.”

Show all 21 citing cases →

— 733.305(1) — 2 cases

In Re Est. of Montanez, 687 So. 2d 943 (Fla. 3d DCA 1997). “Section 733.305, Florida Statutes (1993), only allows corporations to serve as personal representatives of an estate when they are trust companies, banking corporations, savings associations, and savings and loan associations.”

DiDiego v. Crockett, Franklin & Chasen, P.A., 687 So. 2d 943 (Fla. 3d DCA 1997). “Section 733.305, Florida Statutes (1993), only allows corporations to serve as personal representatives of an estate when they are trust companies, banking corporations, savings associations, and savings and loan associations.”

— 733.305(2) — 1 case

First Union Nat'l Bank, N.A. v. Jones, 732 So. 2d 495 (Fla. 4th DCA 1999).

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