Florida Statutes
Fla. Stat. § 744.528 (2025)
Discharge of guardian named as personal representative.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.528 Discharge of guardian named as personal representative.—
(1) A guardian authorized to manage property, who is subsequently appointed personal representative, must serve a copy of the guardian’s final report and petition for discharge upon the beneficiaries of the ward’s estate who will be affected by the report.
(2) All such beneficiaries shall have 30 days to file objections to the final report and petition for discharge.
(3) Any interested person may file a notice of a hearing on any objections filed by the beneficiaries. Notice of the hearing must be served upon the guardian, beneficiaries of the ward’s estate, and any other person to whom the court directs service. If a notice of hearing on the objections is not served within 90 days after filing of the objections, the objections are deemed abandoned.
(4) The guardian may not be discharged until:
(a) All objections have been judicially resolved;
(b) The report of the guardian is approved by the court; and
(c) In the case of a guardian of the property, all property has been distributed to the ward’s estate or the persons entitled to it.
Notes of Decisions
Cited in 5
cases, 1991–2008 · leading case: In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “§ 744.528, Fla. Stat. Discharge of guardian named as personal representative.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.528, Fla. Stat. Discharge of guardian named as personal representative.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 744.528, Fla. Stat. Discharge of guardian named as personal representative.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “*1382 § 744.528, Fla.Stat. Discharge of guardian named as personal representative.”
In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007). “§ 744.528, Fla. Stat. Discharge of guardian named as personal representative.”
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