Florida Statutes

Fla. Stat. § 733.402 (2025)

Bond of fiduciary; when required; form.

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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.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1976–2026 · 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 4× “Statutory References § 733.402, Fla. Stat. Bond of fiduciary; when required; form.”

In Re Est. of Miller, 568 So. 2d 487 (Fla. 1st DCA 1990). · cites it 2× “*490 Additionally, the court could have appointed the personal representative and then required him to post a bond pursuant to Section 733.402, Florida Statutes (1989), even though the testator specifically waived that requirement in the case at hand.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.402 Bond of personal representative; when required; form.”

In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). · cites it 2× “§ 733.402, Fla. Stat. Bond of fiduciary; when required; form.”

Est. of Fernandez, 335 So. 2d 829 (Fla. 1976). · cites it 2× “[2] On the facts of this case, the limitation in Article I, Section 2 of the Florida Constitution for "aliens ineligible for citizenship" is not applicable. [3] Davis v.”

In Re: Amendments to Florida Prob. Rules (Fla. 2026). · cites it 2× “§ 733.402, Fla. Stat. Bond of fiduciary; when required; form.”

Florida Bar, 346 So. 2d 537 (Fla. 1977). “See, for example, §§ 733.402, 733.403, 744.351, 747.-12, Fla.”

Florida Bar, 531 So. 2d 1261 (Fla. 1988). “F.S. 733.402 Bond of personal representative; when required; form.”

Smith v. Miller, 568 So. 2d 487 (1990). “*490 Additionally, the court could have appointed the personal representative and then required him to post a bond pursuant to Section 733.402, Florida Statutes (1989), even though the testator specifically waived that requirement in the case at hand.”

— 733.402(1) — 1 case

Est. of Fernandez, 335 So. 2d 829 (Fla. 1976). “[2] On the facts of this case, the limitation in Article I, Section 2 of the Florida Constitution for "aliens ineligible for citizenship" is not applicable. [3] Davis v.”

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