The 2023 Florida Statutes (including Special Session C)

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.

F.S. 733.3101 on Google Scholar

F.S. 733.3101 on Casetext

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 from cite.case.law:

In AMENDMENTS TO FLORIDA PROBATE RULES, 181 So. 3d 480 (Fla. 2015)

. . . (amending section 733.3101, Florida Statutes, to require the personal representative to resign immediately . . . Committee Notes Notification under this rule or section 733.3101(2), Florida Statutes, does not automatically . . . History 1975 — 2002 Revisions [No Change] 2015 Revision: Rule amended to conform to amendment to section 733.3101 . . .

HILL, v. DAVIS,, 70 So. 3d 572 (Fla. 2011)

. . . See §§ 733.304 [the nonresident qualification statute], 733.3101, Fla. Stat. (2003). . . . District’s decision in Angelus, we find nothing in Florida Probate Rule 5.310 or sections 733.304 and 733.3101 . . .

HILL, v. DAVIS, E., 31 So. 3d 921 (Fla. Dist. Ct. App. 2010)

. . . See §§ 733.304, 733.3101, Fla. Stat. (2003). . . . District’s decision in Angelus, we find nothing in Florida Probate Rule 5.310 or sections 733.304 and 733.3101 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . Statutory References § 733.3101, Fla. Stat. Personal representative not qualified. § 733.501, Fla. . . .

ANGELUS, v. I. PASS,, 868 So. 2d 571 (Fla. Dist. Ct. App. 2004)

. . . See also § 733.3101, Fla. Stat. (2003). . . . See §§ 733.304, 733.3101, Fla. Stat. (2003). . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . Statutory References § 733.3101, Fla. Stat. Personal representative not qualified. § 733.501, Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . Committee Notes Notification under this rule or section 733.3101, Florida Statutes, does not automatically . . . form changes in committee notes. 2002 Revision: Rule amended to implement procedures found in section 733.3101 . . . Statutory References § 733.3101, Fla. Stat. Personal representative not qualified. § 733.501, Fla. . . .