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. 733.402

733.402 Bond of fiduciary; when required; form.—

(1) Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety, as defined in s. 45.011, to be approved by the clerk without a service fee. The bond shall be payable to the Governor and the Governor’s successors in office, conditioned on the performance of all duties as personal representative according to law. The bond must be joint and several.

(2) No bond shall be void or invalid because of an informality in it or an informality or illegality in the appointment of the fiduciary. The bond shall have the same force as if the appointment had been legally made and the bond executed in proper form.

(3) The requirements of this section shall not apply to banks and trust companies authorized by law to act as personal representative.

(4) On petition by any interested person or on the court’s own motion, the court may waive the requirement of filing a bond, require a bond, increase or decrease the bond, or require additional surety.

History.—s. 1, ch. 74-106; s. 67, ch. 75-220; s. 24, ch. 77-87; s. 1, ch. 77-174; s. 992, ch. 97-102; s. 107, ch. 2001-226.

Note.—Created from former s. 732.61.

F.S. 733.402 on Google Scholar

F.S. 733.402 on Casetext

Amendments to 733.402

Arrestable Offenses / Crimes under Fla. Stat. 733.402

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.402.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 733.402, Fla. Stat. Bond of fiduciary; when required; form. § 733.403, Fla. Stat. . . .

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

. . . Statutory References § 733.402, Fla. Stat. Bond of fiduciary; when required; form. § 733.501, Fla. . . . Issuance of letters.' § 733.402, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 733.402, Fla.Stat. Bond of personal representative; when required; form. § 733.403, Fla.Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . R&¿ 733.402, Fla.Stat. Bond of personal representative; when required; form. ⅛⅛§ 733.403, Fla.Stat. . . .

In ESTATE OF T. MILLER, SMITH, v. G. MILLER,, 568 So. 2d 487 (Fla. Dist. Ct. App. 1990)

. . . have appointed the personal representative and then required him to post a bond pursuant to Section 733.402 . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 733.402 Bond of personal representative; when required; form. F.S. 733.403 Amount of bond. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 733.402 Bond of personal representative; when required; form. . . .

THE FLORIDA BAR. In AMENDMENT TO INTEGRATION RULE AND BYLAWS RESPECTING CLIENTS SECURITY FUND, 346 So. 2d 537 (Fla. 1977)

. . . See, for example, §§ 733.402, 733.403, 744.351, 747.-12, Fla.Stat. (1975). . . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . FPC 733.402, When Required. . . .

In ESTATE FERNANDEZ, STATE FERNANDEZ, v. NESBITT,, 335 So. 2d 829 (Fla. 1976)

. . . . § 733.402(1), Fla.Stat. (1975). . 403 U.S. at 372, 91 S.Ct. at 1852 (footnotes in Graham opinion omitted . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . FPC 733.402, When Required. OLD RULE: P.G.R. 5.400. PROPOSED RULE RULE 5.460. . . .