Florida Statute 733.3101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.3101

733.3101 Personal representative not qualified.—

(1) A personal representative shall resign immediately if the personal representative knows that he or she was not qualified to act at the time of appointment.

(2) Any time a personal representative, who was qualified to act at the time of appointment, knows that he or she would not be qualified for appointment if application for appointment were then made, the personal representative shall promptly file and serve a notice setting forth the reasons. The personal representative’s notice shall state that any interested person may petition to remove the personal representative. An interested person on whom a copy of the personal representative’s notice is served may file a petition requesting the personal representative’s removal within 30 days after the date on which such notice is served.

(3) A personal representative who fails to comply with this section shall be personally liable for costs, including attorney fees, incurred in any removal proceeding if the personal representative is removed. This liability extends to a personal representative who does not know, but should have known, of the facts that would have required him or her to resign under subsection (1) or to file and serve notice under subsection (2). This liability shall be cumulative to any other provided by law.

(4) As used in this section, the term “qualified” means that the personal representative is qualified under ss. 733.302-733.305.

History.—s. 105, ch. 2001-226; s. 4, ch. 2015-27.

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Amendments to 733.3101

Arrestable Offenses / Crimes under Fla. Stat. 733.3101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.3101.

Annotations, Discussions, Cases:

Cases Citing Statute 733.3101

Total Results: 10

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Court: Fla. | Date Filed: 2021-11-04T00:53:00-07:00

Snippet: qualified 733.304, Fla. Stat. Nonresidents 733.3101, Fla. Stat. Personal representative not qualified

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: 733.304, Fla. Stat. Nonresidents 733.3101, Fla. Stat. Personal representative not qualified

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

Snippet: 733.304, Fla. Stat. Nonresidents 733.3101, Fla. Stat. Personal representative not qualified

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Fla. | Date Filed: 2015-12-17T00:00:00-08:00

Citation: 181 So. 3d 480

Snippet: ch.2015-27, § 4, Laws of Fla. (amending section 733.3101, Florida Statutes, to require the personal representative…Notes Notification under this rule or section 733.3101(2), Florida Statutes, does not automatically affect…Rule amended to conform to amendment to section 733.3101, Florida Statutes, which modifies the substance

Hill v. Davis

Court: Fla. | Date Filed: 2011-09-01T00:00:00-07:00

Citation: 70 So. 3d 572

Snippet: 733.304 [the nonresident qualification statute], 733.3101, Fla. Stat. (2003). We find no basis to engraft…Florida Probate Rule 5.310 or sections 733.304 and 733.3101, Florida Statutes, which would preclude the application

Hill v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-31T00:00:00-07:00

Citation: 31 So. 3d 921

Snippet: by the qualifications statutes. See §§ 733.304, 733.3101, Fla. Stat. (2003). We find no basis to engraft…Florida Probate Rule 5.310 or sections 733.304 and 733.3101, Florida Statutes, which would preclude the application

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2005-09-29T00:00:00-07:00

Citation: 912 So. 2d 1178

Snippet: Committee notes revised. Statutory References § 733.3101, Fla. Stat. Personal representative not qualified

Angelus v. Pass

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-10T23:53:00-08:00

Citation: 868 So. 2d 571

Snippet: representative is not qualified to serve. See also § 733.3101, Fla. Stat. (2003). Rule 5.310 specifically states…by the qualifications statutes. See §§ 733.304, 733.3101, Fla. Stat. (2003). We find no basis to engraft

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069

Snippet: Committee notes revised. Statutory References § 733.3101, Fla. Stat. Personal representative not qualified

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2002-05-02T00:00:00-07:00

Citation: 824 So. 2d 849

Snippet: Notes Notification under this rule or section 733.3101, Florida Statutes, does not automatically affect…amended to implement procedures found in section 733.3101, Florida Statutes. Committee notes revised. Statutory…Committee notes revised. Statutory References § 733.3101, Fla. Stat. Personal representative not qualified