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Florida Statute 733.402 - Full Text and Legal Analysis
Florida Statute 733.402 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 733.402 Case Law from Google Scholar Google Search for Amendments to 733.402

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
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 CourtListener

Amendments to 733.402


Annotations, Discussions, Cases:

Cases Citing Statute 733.402

Total Results: 7  |  Sort by: Relevance  |  Newest First

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In Re Est. of Miller, 568 So. 2d 487 (Fla. 1st DCA 1990).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 154776

...the personal representative or guardian is or may be interested adversely to the estate or ward... or the necessity arises otherwise." Fla.R.P. & G.P. 5.120 (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....
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Est. of Fernandez, 335 So. 2d 829 (Fla. 1976).

Cited 2 times | Published | Supreme Court of Florida

...[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. Florida Power Co., 64 Fla. 246, 267, 60 So. 759, 766 (1913). See also, Lasky v. State Farm Ins. Co., 296 So.2d 9 (Fla. 1974). [4] § 733.402(1), Fla....
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Florida Bar, 537 So. 2d 500 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

...It is not intended to change the effect of the statutes from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. Statutory References F.S. 733.401 Issuance of letters. F.S. 733.402 Bond of personal representative; when required; form....
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Florida Bar, 531 So. 2d 1261 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

...It is not intended to change the effect of the statutes from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. Statutory References F.S. 733.401 Issuance of letters. F.S. 733.402 Bond of personal representative; when required; form....
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In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010).

Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

...ule History 1988 Revision — 2003 Revision [No Change] 2010 Revision: Committee notes revised. Statutory References § 28.24 (2419), Fla. Stat. Service charges by clerk of the circuit court. § 28.2401, Fla. Stat. Service charges in probate matters. § 733.402, Fla....
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Smith v. Miller, 568 So. 2d 487 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7894

...the personal representative or guardian is or may be interested adversely to the estate or ward ... or the necessity arises otherwise.” Fla.R.P. & G.P. 5.120 (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....
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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Citation form changes in committee notes. 2003 Revision: Extensive changes to rule to clarify procedure for appointment of curator. Committee notes revised. Statutory References § 733.402, Fla....
...Statutory references added. 2008 Revision: Committee notes revised. Statutory References § 28.24(24), Fla. Stat. Service charges by clerk of the circuit court. § 28.2401, Fla. Stat. Service charges in probate matters. § 733.401, Fla. Stat. Issuance of letters.' § 733.402, Fla....

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