Fla. Stat. » 733
Florida Statutes

Fla. Stat. § 733.405 (2025)

Release of surety.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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733.405 Release of surety.—
(1) Subject to the limitations of this section, on the petition of any interested person, the surety is entitled to be released from liability for the future acts and omissions of the fiduciary.
(2) Pending the hearing of the petition, the court may restrain the fiduciary from acting, except to preserve the estate.
(3) On hearing, the court shall enter an order prescribing the amount of the new bond for the fiduciary and the date when the bond shall be filed. If the fiduciary fails to give the new bond, the fiduciary shall be removed at once, and further proceedings shall be had as in cases of removal.
(4) The original surety shall remain liable in accordance with the terms of its original bond for all acts and omissions of the fiduciary that occur prior to the approval of the new surety and filing and approval of the bond. The new surety shall be liable on its bond only after the filing and approval of the new bond.
History.—s. 1, ch. 74-106; s. 68, ch. 75-220; s. 993, ch. 97-102; s. 110, ch. 2001-226.
Note.—Created from former s. 732.68.
Notes of Decisions
Cited in 3 cases, 1992–2010 · 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 2× “§ 733.405, Fla. Stat. Release of surety. § 733.”
In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). · cites it 2× “§ 733.405, Fla. Stat. Release of surety. § 733.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). · cites it 2× “§ 733.405, Fla.Stat. Release of surety. Rule References Fla.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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