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Florida Statute 744.531 - Full Text and Legal Analysis Florida Statute 744.531 | Lawyer Caselaw & Research
Fla. Stat. § 744.531 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
744.531 Order of discharge.If the court is satisfied that the guardian has faithfully discharged her or his duties, has rendered a complete and accurate final report, and, in the case of a guardian of the property, has delivered the property of the ward to the person entitled, and that the interest of the ward is protected, the court shall enter an order of discharge. The discharge shall operate as a release from the duties of the guardianship and as a bar to any action against the guardian or the guardian’s surety unless the action is commenced within 3 years after the date of the order.
History.s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 93, ch. 89-96; s. 67, ch. 90-271; s. 1113, ch. 97-102.
Note.Created from former s. 746.14.

Cases Citing F.S. 744.531

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·In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...Statutory References § 744.102(7) and (8), Fla. Stat. Definitions. § 744.201, Fla. Stat. Domicile of ward. § 744.202, Fla. Stat. Venue. § 744.2025, Fla. Stat. Change of ward's residence. § 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. § 744.531, Fla....
...scharge. (h) Waiver. Any portion of the petition for discharge, including the final report, or *986 the time for filing of objections may be waived by any interested person. Committee Notes Rule History 1975 Revision: Implements sections 744.527 and 744.531, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
...FPR 5.400 and 5.401. Statutory References § 744.521, Fla. Stat. Termination of guardianship. § 744.527, Fla. Stat. Final reports and application for discharge; hearing. § 744.528, Fla. Stat. Discharge of guardian named as personal representative. § 744.531, Fla....
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Cited as authorityMorgenthau (2009)
phrase: "rule_authority"
Cited as authorityHayes (2006)
phrase: "rule_authority"
Adopted(citing case) (2003)
phrase: "adopted by"
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·Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2014 WL 940700

...guardianship estate even after the death of the ward. The guardian of property is not discharged upon the ward’s death, but must continue the administration until a petition for discharge is granted and his or her final accounting is approved. See § 744.531, Fla....
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Cited as authority(citing case) (2023)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authorityBivins (2017)
phrase: "rule_authority"
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·In Re Est. of Montanez, 687 So. 2d 943 (Fla. 3d DCA 1997).

Cited 3 times | Published | Florida 3rd District Court of Appeal

...perty. Although Comprehensive has likely received its discharge as guardian in the ward's estate, its actions in caring for, and failing to care for its ward may be challenged by an independent action within three years of the date of its discharge. § 744.531, Fla....
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Cited as authorityMoreno (1997)
phrase: "rule_authority"
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·In Re Amendments to the Florida Prob. Rules, 959 So. 2d 1170 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256

...Statutory References § 744.102(7),(8),(9), Fla. Stat. Definitions. § 744.201, Fla. Stat. Domicile of ward. § 744.202, Fla. Stat. Venue. § 744.2025, Fla. Stat. Change of ward's residence. § 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. § 744.531, Fla....
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AdoptedIn Re Amendments to the Fl. Probate Rules (2007)
phrase: "adopted by"
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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

...The discharge shall operate as a release from the duties of the guardianship and as a bar to any ' action against the guardian or his surety unless the action is commenced within one year from the date of the order. Committee Notes Rule History 1975 Revision: Implements F.S. 744.527 and F.S. 744.531, and also requires the *559 guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
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ApprovedIn Re Hill (1991)
phrase: "approved by"
Cited as authorityIn Re Hill (1991)
phrase: "rule_authority"
ApprovedHill (1991)
phrase: "approved by"
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·In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...§ 744.102(8), (9), Fla. Stat. Definitions. § 744.201, Fla. Stat. Domicile of ward. § 744.202, Fla. Stat. Venue. § 744.2025, Fla. Stat. Change of wards residence. § 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. § 744.531, Fla....
...ion for discharge. A guardian of the person is discharged without further proceeding upon filing a certified copy of the wards death certificate. (b) — (g) [No Change] *600 Committee Notes Rule History 1975 Revision: Implements sections 744.527 and 744.531, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
...Capacity; appointment of guardian advocate. § 744.521, Fla. Stat. Termination of guardianship. § 744.527, Fla. Stat. Final reports and application for discharge; hearing. § 744.528, Fla. Stat. Discharge of guardian named as personal representative. § 744.531, Fla....
0 red0 yellow4 green0 procedural
Cited as authority(citing case) (2014)
phrase: "rule_authority"
Cited as authorityShellito (2013)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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Patricia Ash, etc., et al. v. Hyman Ash, etc., et al. (Fla. 3d DCA 2026).

Cited 1 times | Florida 3rd District Court of Appeal

...Section 744.391, Florida Statutes contemplates appointing a guardian ad litem 5 where a current guardian harbors a conflict. This procedure is designed to ensure the interests of the ward are protected before discharging the guardian of the property, as set forth in section 744.531, Florida Statutes. See id....
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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

...Committee notes revised. Statutory References § 744.521, Fla. Stat. Termination of guardianship. § 744.527, Fla. Stat. Final reports and application for discharge; hearing. § 744.528, Fla. Stat. Discharge of guardian named as personal representative. § 744.531, Fla....
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AdoptedBlair (2016)
phrase: "adopted by"
Cited as authorityBlair (2016)
phrase: "rule_authority"
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·In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...Statutory References § 744.102(7)t and (8), Fla.Stat. Definitions. § 744.201, Fla.Stat. Domicile of ward. § 744.202, Fla.Stat. Venue. § 744.2025, Fla.Stat. Change of ward’s residence. § 744.524, Fla.Stat. Termination of guardianship on change of domicile of resident ward. § 744.531, Fla.Stat....
...of discharge. (h)Waiver. Any portion of the petition for discharge, including the final report, or the time for filing of objections may be waived by any interested person. Committee Notes Rule History 1975 Revision: Implements sections 744.-527 and 744.531, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
...Citation form changes in committee notes. Statutory References § 744.521, Fla.Stat. Termination of guardianship. § 744.527, Fla.Stat. Final reports and application for discharge; hearing. *1382 § 744.528, Fla.Stat. Discharge of guardian named as personal representative. § 744.531, Fla.Stat....
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AdoptedHammock (2005)
phrase: "adopted by"
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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

...The discharge shall operate as a release from the duties of the guardianship and as a bar to any action against the guardian or his surety unless the action is commenced within one year from the date of the order. Committee Notes 1975 Revision: Implements F.S. 744.527 and F.S. 744.531, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
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In Re Amendments to the Florida Prob. Rules, 200 So. 3d 761 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

on change of domicile of resident ward. § 744.531, Fla. Stat. Order of discharge. Rule References
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Deborah Duross Guibord v. Guardianship of Kathleen Duross Ford (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

...As we have previously explained: The guardian of property is not discharged upon the ward’s death, but must continue the administration until a petition for discharge is granted and his or her final accounting is approved. See § 744.531, Fla....
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Deborah Duross Guibord v. Guardianship of Kathleen Duross Ford (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

...As we have previously explained: 2 The guardian of property is not discharged upon the ward’s death, but must continue the administration until a petition for discharge is granted and his or her final accounting is approved. See § 744.531, Fla....
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DiDiego v. Crockett, Franklin & Chasen, P.A., 687 So. 2d 943 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 998

within three years of the date of its discharge. § 744.531, Fla. Stat. (1995). Lawyers are officers of the
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In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...(d)-(g) [No Change] (h) Waiver, Any portion of the petition for-discharge, including-the final reportror the time-for- filing of objections may — b& waived by any interested person. *753 Committee Notes Rule History 1975 Revision: Implements sections 744.527 and 744.531, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
..., Florida Statutes.. Statutory References § 744.521, Fla. Stat. Termination of guardianship. § 744.527, Fla. Stat. Final reports and application for discharge; hearing. § 744.528, Fla. Stat. Discharge of guardian named as personal representative. § 744.531, Fla....
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In re the Est. of Zaloudek, 407 So. 2d 317 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21941

...They then listed a series of items in the first estate inventory which they alleged were in error. This claim was dismissed with prejudice and the appellants appeal therefrom. Section 746.14, Florida Statutes (1973), in existence at the time of the guardian’s discharge (now Section 744.531), provides: “Upon the consideration of the application for discharge and of the objections thereto, if any, and of the evidence, if the Circuit Judge is satisfied that the guardian has faithfully and completely discharged his final...

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