CHAPTER 733

733.101 Venue of probate proceedings. (1) The venue for probate of wills and granting letters shall be: (a) In the county in this state where the decedent was domiciled. (b) If the decedent had no domicile in this state, then in any county where the decedent’s property is located. (c) If the decedent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides. (2) For the purpose of this section, a married woman whose husband is an alien or a nonresident of Florida may establish or designate a separate domicile in this state. (3) Whenever a proceeding is filed laying venue in an improper county, the court may transfer the action in the same manner as provided in the Florida Rules of Civil Procedure. Any action taken by the court or the parties before the transfer is not affected by the improper venue. History. — s. 1, ch. 74-106; s. 46, ch. 75-220; s. 981, ch. 97-102; s. 78, ch. 2001-226. Note. — Created from former s. 732.06. 733.103 Effect of probate. (1) Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator. (2) In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it was executed by a competent testator, free of fraud, duress, mistake, and undue influence; and that the will was unrevoked on the testator’s death. History. — s. 1, ch. 74-106; s. 48, ch. 75-220; s. 17, ch. 77-87; s. 1, ch. 77-174; s. 79, ch. 2001-226. Note. — Created from former s. 732.26. 733.104 Suspension of statutes of limitation in favor of the personal representative. (1) If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action may be commenced by that person’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death. (2) If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, if a claim is timely filed, the expiration of the time limited for commencement of the action shall not apply. History. — s. 1, ch. 74-106; s. 48, ch. 75-220; s. 1, ch. 77-174; s. 982, ch. 97-102; s. 80, ch. 2001-226. Note. — Created from former s. 734.27. 733.105 Determination of beneficiaries. (1) When property passes by intestate succession or the will is unclear and there is doubt about: (a) Who is entitled to receive any part of the property, or (b) The shares and amounts that any person is entitled to receive, any interested person may petition the court to determine beneficiaries or their shares. (2) Any personal representative who makes distribution or takes any other action pursuant to an order determining beneficiaries shall be fully protected. (3) A separate civil action to determine beneficiaries may be brought when an estate has not been administered. History. — s. 1, ch. 74-106; s. 48, ch. 75-220; s. 226, ch. 77-104; s. 1, ch. 77-174; s. 983, ch. 97-102; s. 81, ch. 2001-226. Note. — Created from former s. 734.25. 733.1051 Limited judicial construction of will with federal tax provisions. (1) Upon the application of a personal representative or a person who is or may be a beneficiary who is affected by the outcome of the construction, a court at any time may construe the terms of a will to define the respective shares or determine beneficiaries, in accordance with the intention of a testator, if a disposition occurs during the applicable period and the will contains a provision that: (a) Includes a disposition formula referring to the terms “unified credit,” “estate tax exemption,” “applicable exemption amount,” “applicable credit amount,” “applicable exclusion amount,” “generation-skipping transfer tax exemption,” “GST exemption,” “marital deduction,” “maximum marital deduction,” “unlimited marital deduction,” or “maximum charitable deduction”; (b) Measures a share of an estate based on the amount that may pass free of federal estate tax or the amount that may pass free of federal generation-skipping transfer tax; (c) Otherwise makes a disposition referring to a charitable deduction, marital deduction, or another provision of federal estate tax or generation-skipping transfer tax law; or (d) Appears to be intended to reduce or minimize the federal estate tax or generation-skipping transfer tax. (2) For purposes of this section: (a) The term “applicable period” means a period beginning January 1, 2010, and ending on the end of the day on the earlier of December 31, 2010, or the day before the date that an act becomes law that repeals or otherwise modifies or has the effect of repealing or modifying s. 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001. (b) A “disposition occurs” when the testator dies. (3) In construing the will, the court shall consider the terms and purposes of the will, the facts and circumstances surrounding the creation of the will, and the testator’s probable intent. In determining the testator’s probable intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will. (4) This section does not apply to a disposition that is specifically conditioned upon no federal estate or generation-skipping transfer tax being imposed. (5)(a) Unless otherwise ordered by the court, during the applicable period and without court order, the personal representative administering a will containing one or more provisions described in subsection (1) may: 1. Delay or refrain from making any distribution. 2. Incur and pay fees and costs reasonably necessary to determine its duties and obligations, including compliance with provisions of existing and reasonably anticipated future federal tax laws. 3. Establish and maintain reserves for the payment of these fees and costs and federal taxes. (b) The personal representative shall not be liable for its actions as provided in this subsection made or taken in good faith. (6) The provisions of this section are in addition to, and not in derogation of, rights under the common law to construe a will. (7) This section is remedial in nature and intended to provide a new or modified legal remedy. This section shall operate retroactively to January 1, 2010. History. — s. 12, ch. 2010-132. 733.106 Costs and attorney fees. (1) In all probate proceedings, costs may be awarded as in chancery actions. (2) A person nominated as personal representative, or any proponent of a will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in due form for probate, shall receive costs and attorney fees from the estate even though probate is denied or revoked. (3) Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate. (4) If costs and attorney fees are to be paid from the estate under this section, s. 733.6171(4), s. 736.1005, or s. 736.1006, the court, in its discretion, may direct from what part of the estate they shall be paid. (a) If the court directs an assessment against a person’s part of the estate and such part is insufficient to fully pay the assessment, the court may direct payment from the person’s part of a trust, if any, if a pour-over will is involved and the matter is interrelated with the trust. (b) All or any part of the costs and attorney fees to be paid from the estate may be assessed against one or more persons’ part of the estate in such proportions as the court finds to be just and proper. (c) In the exercise of its discretion, the court may consider the following factors: 1. The relative impact of an assessment on the estimated value of each person’s part of the estate. 2. The amount of costs and attorney fees to be assessed against a person’s part of the estate. 3. The extent to which a person whose part of the estate is to be assessed, individually or through counsel, actively participated in the proceeding. 4. The potential benefit or detriment to a person’s part of the estate expected from the outcome of the proceeding. 5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the estate is to be assessed. 6. Whether a person whose part of the estate is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections. 7. Whether a person whose part of the estate is to be assessed unjustly caused an increase in the amount of costs and attorney fees incurred by the personal representative or another interested person in connection with the proceeding. 8. Any other relevant fact, circumstance, or equity. (d) The court may assess a person’s part of the estate without finding that the person engaged in bad faith, wrongdoing, or frivolousness. History. — s. 1, ch. 74-106; s. 49, ch. 75-220; s. 984, ch. 97-102; s. 82, ch. 2001-226; s. 1, ch. 2015-27; s. 13, ch. 2026-57. Note. — Created from former s. 732.14. 733.1061 Fees and costs; will reformation and modification. (1) In a proceeding arising under s. 732.615 or s. 732.616, the court shall award taxable costs as in chancery actions, including attorney’s fees and guardian ad litem fees. (2) When awarding taxable costs, including attorney’s fees and guardian ad litem fees, under this section, the court in its discretion may direct payment from a party’s interest, if any, in the estate or enter a judgment which may be satisfied from other property of the party, or both. History. — s. 5, ch. 2011-183. 733.107 Burden of proof in contests; presumption of undue influence. (1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought. (2) In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304. History. — s. 1, ch. 74-106; s. 50, ch. 75-220; s. 83, ch. 2001-226; s. 5, ch. 2002-82; s. 13, ch. 2010-132; s. 3, ch. 2014-127. Note. — Created from former s. 732.31. 733.109 Revocation of probate. (1) A proceeding to revoke the probate of a will shall be brought in the court having jurisdiction over the administration. Any interested person, including a beneficiary under a prior will, unless barred under s. 733.212 or s. 733.2123, may commence the proceeding before final discharge of the personal representative. (2) Pending the determination of any petition for revocation of probate, the personal representative shall proceed with the administration of the estate as if no revocation proceeding had been commenced, except that no distribution may be made to beneficiaries in contravention of the rights of those who, but for the will, would be entitled to the property disposed of. (3) Revocation of probate of a will shall not affect or impair the title to property purchased in good faith for value from the personal representative prior to an order of revocation. History. — s. 1, ch. 74-106; s. 50, ch. 75-220; s. 18, ch. 77-87; s. 227, ch. 77-104; s. 84, ch. 2001-226. Note. — Created from former s. 732.30. PART II COMMENCING ADMINISTRATION 733.201 Proof of wills. 733.202 Petition. 733.204 Probate of a will written in a foreign language. 733.205 Probate of notarial will. 733.206 Probate of will of resident after foreign probate. 733.207 Establishment and probate of lost or destroyed will. 733.208 Discovery of later will. 733.209 Estates of missing persons. 733.212 Notice of administration; filing of objections. 733.2121 Notice to creditors; filing of claims. 733.2123 Adjudication before issuance of letters. 733.213 Probate as prerequisite to judicial construction of will. 733.201 Proof of wills. (1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof. However, a purportedly self-proved electronic will may be admitted to probate only in the manners prescribed in subsections (2) and (3) if the execution of such electronic will, or the acknowledgment by the testator and the affidavits of the witnesses, involves an online notarization in which there was a substantial failure to comply with the procedures set forth in s. 117.265. (2) A will may be admitted to probate upon the oath of any attesting witness taken before any circuit judge, commissioner appointed by the court, or clerk. (3) If it appears to the court that the attesting witnesses cannot be found or that they have become incapacitated after the execution of the will or their testimony cannot be obtained within a reasonable time, a will may be admitted to probate upon the oath of the personal representative nominated by the will as provided in subsection (2), whether or not the nominated personal representative is interested in the estate, or upon the oath of any person having no interest in the estate under the will stating that the person believes the writing exhibited to be the true last will of the decedent. History. — s. 1, ch. 74-106; s. 51, ch. 75-220; s. 985, ch. 97-102; s. 85, ch. 2001-226; s. 9, ch. 2009-115; s. 38, ch. 2019-71. Note. — Created from former s. 732.24. 733.202 Petition. Any interested person may petition for administration. History. — s. 1, ch. 74-106; s. 52, ch. 75-220; s. 19, ch. 77-87; s. 19, ch. 92-200; s. 986, ch. 97-102; s. 86, ch. 2001-226. Note. — Created from former s. 732.43. 733.204 Probate of a will written in a foreign language. (1) No will written in a foreign language shall be admitted to probate unless it is accompanied by a true and complete English translation. (2) No personal representative who complies in good faith with the English translation of the will as established by the court shall be liable for doing so. History. — s. 1, ch. 74-106; s. 54, ch. 75-220; s. 1, ch. 77-174; s. 88, ch. 2001-226. Note. — Created from former s. 732.34. 733.205 Probate of notarial will. (1) When a copy of a notarial will in the possession of a notary entitled to its custody in a foreign state or country, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, whose official position, signature, and seal of office are further authenticated by an American consul, vice consul, or other American consular officer within whose jurisdiction the notary is a resident, or whose official position, signature, and seal of office have been authenticated according to the requirements of the Hague Convention of 1961, is presented to the court, it may be admitted to probate if the original could have been admitted to probate in this state. (2) The duly authenticated copy shall be prima facie evidence of its purported execution and of the facts stated in the certificate in compliance with subsection (1). (3) Any interested person may oppose the probate of such a notarial will or may petition for revocation of probate of such a notarial will, as in the original probate of a will in this state. History. — s. 1, ch. 74-106; s. 55, ch. 75-220; s. 89, ch. 2001-226; s. 7, ch. 2003-154. Note. — Created from former s. 732.37. 733.206 Probate of will of resident after foreign probate. (1) If a will of any person who dies a resident of this state is admitted to probate in any other state or country through inadvertence, error, or omission before probate in this state, the will may be admitted to probate in this state if the original could have been admitted to probate in this state. (2) An authenticated copy of the will, foreign proof of the will, the foreign order of probate, and any letters issued shall be filed instead of the original will and shall be prima facie evidence of its execution and admission to foreign probate. (3) Any interested person may oppose the probate of the will or may petition for revocation of the probate of the will, as in the original probate of a will in this state. History. — s. 1, ch. 74-106; s. 56, ch. 75-220; s. 90, ch. 2001-226. Note. — Created from former s. 732.35. 733.207 Establishment and probate of lost or destroyed will. Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate. The specific content of the will must be proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness. History. — s. 1, ch. 74-106; s. 57, ch. 75-220; s. 91, ch. 2001-226. Note. — Created from former s. 732.27. 733.208 Discovery of later will. On the discovery of a later will or codicil, any interested person may petition to revoke the probate of the earlier will or to probate the later will or codicil. No will or codicil may be offered after the testate or intestate estate has been completely administered and the personal representative discharged. History. — s. 1, ch. 74-106; s. 58, ch. 75-220; s. 92, ch. 2001-226. Note. — Created from former s. 732.32. 733.209 Estates of missing persons. Any interested person may petition to administer the estate of a missing person; however, no personal representative shall be appointed until the court determines the missing person is dead. History. — s. 1, ch. 74-106; s. 93, ch. 2001-226. Note. — Created from former s. 732.53. 733.212 Notice of administration; filing of objections. (1) The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative: (a) The decedent’s surviving spouse; (b) Beneficiaries; (c) The trustee of any trust described in s. 733.707(3) and each qualified beneficiary of the trust as defined in s. 736.0103, if each trustee is also a personal representative of the estate; and (d) Persons who may be entitled to exempt property in the manner provided for service of formal notice, unless served under s. 733.2123. The personal representative may similarly serve a copy of the notice on any devisees under a known prior will or heirs or others who claim or may claim an interest in the estate. (2) The notice shall state: (a) The name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, whether the estate is testate or intestate, and, if testate, the date of the will and any codicils. (b) The name and address of the personal representative and the name and address of the personal representative’s attorney, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the personal representative and any attorney employed by the personal representative. (c) That any interested person on whom a copy of the notice of administration is served must file on or before the date that is 3 months after the date of service of a copy of the notice of administration on that person any objection that challenges the validity of the will, the venue, or the jurisdiction of the court. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by subsection (3), all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration. (d) That persons who may be entitled to exempt property under s. 732.402 will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property. (e) That, unless an extension is granted pursuant to s. 732.2135(2), an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or a guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death. (f) That, under certain circumstances and by failing to contest the will, the recipient of the notice of administration may be waiving his or her right to contest the validity of a trust or other writing incorporated by reference into a will. (g) That the personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228 applies, or may apply, unless a written demand is made by the surviving spouse or a beneficiary as specified under s. 732.2211. (3) Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by this subsection, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration. (4) The appointment of a personal representative or a successor personal representative shall not extend or renew the period for filing objections under this section, unless a new will or codicil is admitted. (5) The personal representative is not individually liable to any person for giving notice under this section, regardless of whether it is later determined that notice was not required by this section. The service of notice in accordance with this section shall not be construed as conferring any right. (6) If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate. (7) If a will or codicil is subsequently admitted to probate, the personal representative shall promptly serve a copy of a new notice of administration as required for an initial will admission. (8) For the purpose of determining deadlines established by reference to the date of service of a copy of the notice of administration in cases in which such service has been waived, service shall be deemed to occur on the date the waiver is filed. History. — s. 1, ch. 74-106; s. 60, ch. 75-220; s. 227, ch. 77-104; s. 3, ch. 88-340; s. 2, ch. 89-340; s. 2, ch. 90-23; s. 8, ch. 93-257; s. 7, ch. 95-401; s. 191, ch. 99-397; s. 94, ch. 2001-226; s. 8, ch. 2003-154; s. 6, ch. 2006-134; s. 36, ch. 2006-217; s. 8, ch. 2011-183; s. 17, ch. 2013-172; s. 2, ch. 2015-27; s. 5, ch. 2020-67; s. 11, ch. 2024-238. Note. — Created from former s. 732.28. 733.2121 Notice to creditors; filing of claims. (1) Unless creditors’ claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative’s attorney, and the date of first publication. The notice shall state that creditors must file claims against the estate with the court during the time periods set forth in s. 733.702, or be forever barred. The notice shall state that a personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, applies, or may apply, unless a written demand is made by a creditor as specified under s. 732.2211. (2) Publication shall be once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered or, if there is no newspaper published in the county, in a newspaper of general circulation in that county. (3)(a) The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part, whose claim has been paid in full, or whose claim is listed in a personal representative’s timely filed proof of claim. (b) The personal representative is not individually liable to any person for giving notice under this section, even if it is later determined that notice was not required. The service of notice to creditors in accordance with this section shall not be construed as admitting the validity or enforceability of a claim. (c) If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate. (d) If a decedent at the time of death was 55 years of age or older, the personal representative shall promptly serve a copy of the notice to creditors and provide a copy of the death certificate on the Agency for Health Care Administration within 3 months after the first publication of the notice to creditors, unless the agency has already filed a statement of claim in the estate proceedings. (e) The personal representative may serve a notice to creditors on the Department of Revenue only when the Department of Revenue is determined to be a creditor under paragraph (a). (4) Claims are barred as provided in ss. 733.702 and 733.710. History. — s. 95, ch. 2001-226; s. 9, ch. 2003-154; s. 4, ch. 2005-140; s. 49, ch. 2017-36; s. 12, ch. 2024-238. 733.2123 Adjudication before issuance of letters. A petitioner may serve formal notice of the petition for administration on interested persons. A person who is served with such notice before the issuance of letters or who has waived notice may not challenge the validity of the will, testacy of the decedent, venue, or jurisdiction of the court, except in the proceedings before issuance of letters. History. — s. 60, ch. 75-220; s. 2, ch. 81-27; s. 987, ch. 97-102; s. 96, ch. 2001-226; s. 14, ch. 2010-132; s. 3, ch. 2015-27. 733.213 Probate as prerequisite to judicial construction of will. A will may not be construed until it has been admitted to probate. History. — s. 1, ch. 74-106; s. 61, ch. 75-220; s. 97, ch. 2001-226. Note. — Created from former s. 732.42. PART III PREFERENCE IN APPOINTMENT AND QUALIFICATIONS OF PERSONAL REPRESENTATIVE 733.301 Preference in appointment of personal representative. 733.302 Who may be appointed personal representative. 733.303 Persons not qualified. 733.304 Nonresidents. 733.305 Trust companies and other corporations and associations. 733.306 Effect of appointment of debtor. 733.307 Succession of administration. 733.308 Administrator ad litem. 733.309 Executor de son tort. 733.3101 Personal representative not qualified. 733.301 Preference in appointment of personal representative. (1) In granting letters of administration, the following order of preference shall be observed: (a) In testate estates: 1. The personal representative, or his or her successor, nominated by the will or pursuant to a power conferred in the will. 2. The person selected by a majority in interest of the persons entitled to the estate. 3. A devisee under the will. If more than one devisee applies, the court may select the one best qualified. (b) In intestate estates: 1. The surviving spouse. 2. The person selected by a majority in interest of the heirs. 3. The heir nearest in degree. If more than one applies, the court may select the one best qualified. (2) A guardian of the property of a ward who if competent would be entitled to appointment as, or to select, the personal representative may exercise the right to select the personal representative. (3) In either a testate or an intestate estate, if no application is made by any of the persons described in subsection (1), the court shall appoint a capable person; but no person may be appointed under this subsection: (a) Who works for, or holds public office under, the court. (b) Who is employed by, or holds office under, any judge exercising probate jurisdiction. (4) After letters have been granted in either a testate or an intestate estate, if a person who was entitled to, and has not waived, preference over the person appointed at the time of the appointment and on whom formal notice was not served seeks the appointment, the letters granted may be revoked and the person entitled to preference may have letters granted after formal notice and hearing. (5) After letters have been granted in either a testate or an intestate estate, if any will is subsequently admitted to probate, the letters shall be revoked and new letters granted. History. — s. 1, ch. 74-106; s. 62, ch. 75-220; s. 21, ch. 77-87; s. 1, ch. 77-174; s. 988, ch. 97-102; s. 98, ch. 2001-226. Note. — Created from former s. 732.44. 733.302 Who may be appointed personal representative. Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida. History. — s. 1, ch. 74-106; s. 63, ch. 75-220; s. 5, ch. 79-343; s. 989, ch. 97-102; s. 99, ch. 2001-226. Note. — Created from former s. 732.45. 733.303 Persons not qualified. (1) A person is not qualified to act as a personal representative if the person: (a) Has been convicted of a felony. (b) Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in s. 825.101. (c) Is mentally or physically unable to perform the duties. (d) Is under the age of 18 years. (2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s. 733.301. History. — s. 1, ch. 74-106; s. 63, ch. 75-220; s. 22, ch. 77-87; s. 990, ch. 97-102; s. 2, ch. 2021-221. Note. — Created from former s. 732.46. 733.304 Nonresidents. A person who is not domiciled in the state cannot qualify as personal representative unless the person is: (1) A legally adopted child or adoptive parent of the decedent; (2) Related by lineal consanguinity to the decedent; (3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or (4) The spouse of a person otherwise qualified under this section. History. — s. 1, ch. 74-106; s. 63, ch. 75-220; s. 6, ch. 79-343. Note. — Created from former s. 732.47. 733.305 Trust companies and other corporations and associations. (1) All trust companies incorporated under the laws of Florida, all state banking corporations and state savings associations authorized and qualified to exercise fiduciary powers in Florida, and all national banking associations and federal savings and loan associations authorized and qualified to exercise fiduciary powers in Florida shall be entitled to act as personal representatives and curators of estates. (2) When a qualified corporation has been named as a personal representative in a will and subsequently transfers its business and assets to, consolidates or merges with, or is in any manner provided by law succeeded by, another qualified corporation, on the death of the testator, the successor corporation may qualify as personal representative unless the will provides otherwise. (3) A corporation authorized and qualified to act as a personal representative as a result of merger or consolidation shall succeed to the rights and duties of all predecessor corporations as the personal representative of estates upon filing proof in the court, and without a new appointment. A purchase of substantially all the assets and the assumption of substantially all the liabilities shall be deemed a merger for the purpose of this section. History. — s. 1, ch. 74-106; s. 63, ch. 75-220; s. 1, ch. 77-174; s. 3, ch. 81-27; s. 100, ch. 2001-226. Note. — Created from former s. 732.49. 733.306 Effect of appointment of debtor. The appointment of a debtor as personal representative shall not extinguish the debt due the decedent. History. — s. 1, ch. 74-106; s. 63, ch. 75-220; s. 101, ch. 2001-226. Note. — Created from former s. 732.51. 733.307 Succession of administration. The personal representative of the estate of a deceased personal representative is not authorized to administer the estate of the first decedent. On the death of a sole or surviving personal representative, the court shall appoint a successor personal representative to complete the administration of the estate. History. — s. 1, ch. 74-106; s. 64, ch. 75-220; s. 102, ch. 2001-226. Note. — Created from former s. 732.52. 733.308 Administrator ad litem. When an estate must be represented and the personal representative is unable to do so, the court shall appoint an administrator ad litem without bond to represent the estate in that proceeding. The fact that the personal representative is seeking reimbursement for claims against the decedent does not require appointment of an administrator ad litem. History. — s. 1, ch. 74-106; s. 65, ch. 75-220; s. 103, ch. 2001-226. Note. — Created from former s. 732.55. 733.309 Executor de son tort. No person shall be liable to a creditor of a decedent as executor de son tort, but any person taking, converting, or intermeddling with the property of a decedent shall be liable to the personal representative or curator, when appointed, for the value of all the property so taken or converted and for all damages to the estate caused by the wrongful action. This section shall not be construed to prevent a creditor of a decedent from suing anyone in possession of property fraudulently conveyed by the decedent to set aside the fraudulent conveyance. History. — s. 1, ch. 74-106; s. 65, ch. 75-220; s. 991, ch. 97-102; s. 104, ch. 2001-226. 733.3101 Personal representative not qualified. (1) A personal representative shall resign immediately if the personal representative knows that he or she was not qualified to act at the time of appointment. (2) Any time a personal representative, who was qualified to act at the time of appointment, knows that he or she would not be qualified for appointment if application for appointment were then made, the personal representative shall promptly file and serve a notice setting forth the reasons. The personal representative’s notice shall state that any interested person may petition to remove the personal representative. An interested person on whom a copy of the personal representative’s notice is served may file a petition requesting the personal representative’s removal within 30 days after the date on which such notice is served. (3) A personal representative who fails to comply with this section shall be personally liable for costs, including attorney fees, incurred in any removal proceeding if the personal representative is removed. This liability extends to a personal representative who does not know, but should have known, of the facts that would have required him or her to resign under subsection (1) or to file and serve notice under subsection (2). This liability shall be cumulative to any other provided by law. (4) As used in this section, the term “qualified” means that the personal representative is qualified under ss. 733.302-733.305. History. — s. 105, ch. 2001-226; s. 4, ch. 2015-27. PART IV FIDUCIARY BONDS 733.402 Bond of fiduciary; when required; form. 733.403 Amount of bond. 733.404 Liability of surety. 733.405 Release of surety. 733.406 Bond premium allowable as expense of administration. 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. 733.403 Amount of bond. All bonds required by this part shall be in the penal sum that the court deems sufficient after consideration of the gross value of the estate, the relationship of the personal representative to the beneficiaries, exempt property and any family allowance, the type and nature of assets, known creditors, and liens and encumbrances on the assets. History. — s. 1, ch. 74-106; s. 67, ch. 75-220; s. 108, ch. 2001-226. Note. — Created from former ss. 732.63, 732.64, 732.66. 733.404 Liability of surety. No surety for any personal representative or curator shall be charged beyond the value of the assets of an estate because of any omission or mistake in pleading or of false pleading of the personal representative or curator. History. — s. 1, ch. 74-106; s. 68, ch. 75-220; s. 109, ch. 2001-226. Note. — Created from former s. 732.65. 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. 733.406 Bond premium allowable as expense of administration. A personal representative or other fiduciary required to give bond shall pay the reasonable premium as an expense of administration. History. — s. 613, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 253, 566, ch. 82-243; s. 994, ch. 97-102; s. 111, ch. 2001-226. Note. — Former s. 627.753. PART V CURATORS; RESIGNATION AND REMOVAL OF PERSONAL REPRESENTATIVES 733.501 Curators. 733.502 Resignation of personal representative. 733.503 Appointment of successor upon resignation. 733.5035 Surrender of assets after resignation. 733.5036 Accounting and discharge following resignation. 733.504 Removal of personal representative; causes for removal. 733.505 Jurisdiction in removal proceedings. 733.506 Proceedings for removal. 733.5061 Appointment of successor upon removal. 733.508 Accounting and discharge of removed personal representatives upon removal. 733.509 Surrender of assets upon removal. 733.501 Curators. (1) APPOINTMENT OF A CURATOR. — When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration as follows: (a) The court may appoint a curator at any time with notice to other interested persons as the court deems appropriate. The curator may be authorized to perform any duty or function of a personal representative. (b) If there is significant danger that any of the decedent’s property is likely to be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without giving notice to other interested persons. (c) In any other proper case, the court may appoint a curator when deemed necessary to protect the interests of the estate or a decedent’s heirs. (2) BOND REQUIREMENTS. — Unless waived by the court, curators must post a reasonable bond in an amount to be determined by the court. However, bonds are not required for banks and trust companies that serve as curators. (3) COMPENSATION. — Curators are allowed reasonable compensation for their services, and the court may consider s. 733.617. (4) REMOVAL AND SURCHARGE. — Curators are subject to removal and surcharge by the court. (5) COURT REVIEW. — (a) The curator shall file reports with the court when the court deems it necessary. Such reports must detail the actions taken by the curator in managing the estate. The court shall review such reports to ensure that the curator is effectively managing the estate and fulfilling its duties. (b) The court may require more frequent reporting or additional documentation as it deems necessary to protect the interests of the estate. History. — s. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 995, ch. 97-102; s. 112, ch. 2001-226; s. 108, ch. 2002-1; s. 1, ch. 2026-85. Note. — Created from former s. 732.21. 733.502 Resignation of personal representative. A personal representative may resign. After notice to all interested persons, the court may accept the resignation and then revoke the letters of the resigning personal representative if the interests of the estate are not jeopardized by the resignation. The acceptance of the resignation shall not exonerate the personal representative or the surety from liability. History. — s. 1, ch. 74-106; s. 69, ch. 75-220; s. 25, ch. 77-87; s. 996, ch. 97-102; s. 113, ch. 2001-226. Note. — Created from former s. 734.09. 733.503 Appointment of successor upon resignation. When the personal representative’s resignation is accepted, the court shall appoint a personal representative or shall appoint a curator to serve until a successor personal representative is appointed. History. — s. 1, ch. 74-106; s. 69, ch. 75-220; s. 997, ch. 97-102; s. 114, ch. 2001-226. Note. — Created from former s. 734.10. 733.5035 Surrender of assets after resignation. When the resignation has been accepted by the court, all estate assets, records, documents, papers, and other property of or concerning the estate in the resigning personal representative’s possession or control shall immediately be surrendered to the successor fiduciary. The court may establish the conditions and specify the assets and records, if any, that the resigning personal representative may retain until the final accounting of the resigning personal representative has been approved. History. — s. 115, ch. 2001-226. 733.5036 Accounting and discharge following resignation. (1) A resigning personal representative shall file and serve a final accounting of the personal representative’s administration. (2) After determination and satisfaction of the liability, if any, of the resigning personal representative, after compensation of the personal representative and the attorney and other persons employed by the personal representative, and upon receipt of evidence that undistributed estate assets have been delivered to the successor fiduciary, the personal representative shall be discharged, the bond released, and the surety discharged. History. — s. 116, ch. 2001-226. 733.504 Removal of personal representative; causes for removal. A personal representative shall be removed and the letters revoked if he or she was not qualified to act at the time of appointment. A personal representative may be removed and the letters revoked for any of the following causes: (1) Adjudication that the personal representative is incapacitated. (2) Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties. (3) Failure to comply with any order of the court, unless the order has been superseded on appeal. (4) Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required. (5) Wasting or maladministration of the estate. (6) Failure to give bond or security for any purpose. (7) Conviction of a felony. (8) Insolvency of, or the appointment of a receiver or liquidator for, any corporate personal representative. (9) Holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole. This cause of removal shall not apply to the surviving spouse because of the exercise of the right to the elective share, family allowance, or exemptions, as provided elsewhere in this code. (10) Revocation of the probate of the decedent’s will that authorized or designated the appointment of the personal representative. (11) Removal of domicile from Florida, if domicile was a requirement of initial appointment. (12) The personal representative was qualified to act at the time of appointment but is not now entitled to appointment. Removal under this section is in addition to any penalties prescribed by law. History. — s. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 998, ch. 97-102; s. 117, ch. 2001-226; s. 10, ch. 2009-115; s. 5, ch. 2015-27. Note. — Created from former s. 734.11. 733.505 Jurisdiction in removal proceedings. A petition for removal shall be filed in the court having jurisdiction of the administration. History. — s. 1, ch. 74-106; s. 118, ch. 2001-226. Note. — Created from former s. 734.12. 733.506 Proceedings for removal. Proceedings for removal of a personal representative may be commenced by the court or upon the petition of an interested person. The court shall revoke the letters of a removed personal representative. The removal of a personal representative shall not exonerate the removed personal representative or the removed personal representative’s surety from any liability. History. — s. 1, ch. 74-106; s. 71, ch. 75-220; s. 119, ch. 2001-226. Note. — Created from former s. 734.13. 733.5061 Appointment of successor upon removal. When a personal representative is removed, the court shall appoint a personal representative or shall appoint a curator to serve until a successor personal representative is appointed. History. — s. 120, ch. 2001-226. 733.508 Accounting and discharge of removed personal representatives upon removal. (1) A removed personal representative shall file and serve a final accounting of that personal representative’s administration. (2) After determination and satisfaction of the liability, if any, of the removed personal representative, after compensation of that personal representative and the attorney and other persons employed by that personal representative, and upon receipt of evidence that the estate assets have been delivered to the successor fiduciary, the removed personal representative shall be discharged, the bond released, and the surety discharged. History. — s. 1, ch. 74-106; s. 999, ch. 97-102; s. 122, ch. 2001-226. Note. — Created from former s. 734.15. 733.509 Surrender of assets upon removal. Upon entry of an order removing a personal representative, the removed personal representative shall immediately deliver all estate assets, records, documents, papers, and other property of or concerning the estate in the removed personal representative’s possession or control to the remaining personal representative or successor fiduciary. History. — s. 1, ch. 74-106; s. 73, ch. 75-220; s. 123, ch. 2001-226. Note. — Created from former s. 734.16. PART VI DUTIES AND POWERS OF PERSONAL REPRESENTATIVE 733.601 Time of accrual of duties and powers. 733.602 General duties. 733.603 Personal representative to proceed without court order. 733.604 Inventories and accountings; public records exemptions. 733.6065 Opening safe-deposit box. 733.607 Possession of estate. 733.608 General power of the personal representative. 733.609 Improper exercise of power; breach of fiduciary duty. 733.610 Sale, encumbrance, or transaction involving conflict of interest. 733.611 Persons dealing with the personal representative; protection. 733.612 Transactions authorized for the personal representative; exceptions. 733.6121 Personal representative; powers as to environmental issues relating to property subject to administration; liability. 733.6125 Proceedings to enforce authority. 733.613 Personal representative’s right to sell real property. 733.614 Powers and duties of successor personal representative. 733.615 Joint personal representatives; when joint action required. 733.616 Powers of surviving personal representatives. 733.617 Compensation of personal representative. 733.6171 Compensation of attorney for the personal representative. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. 733.619 Individual liability of personal representative. 733.620 Exculpation of personal representative. 733.601 Time of accrual of duties and powers. The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment. A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative. History. — s. 1, ch. 74-106; s. 74, ch. 75-220; s. 1000, ch. 97-102; s. 124, ch. 2001-226. 733.602 General duties. (1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of the decedent’s will and this code as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the authority in the will, if any, and the authority of any order of the court, for the best interests of interested persons, including creditors. (2) A personal representative shall not be liable for any act of administration or distribution if the act was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a proceeding challenging intestacy or a proceeding questioning the appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of interested persons. History. — s. 1, ch. 74-106; s. 74, ch. 75-220; s. 27, ch. 77-87; s. 1, ch. 77-174; s. 270, ch. 79-400; s. 3, ch. 89-340; s. 1001, ch. 97-102; s. 125, ch. 2001-226; s. 37, ch. 2006-217; s. 11, ch. 2009-115. 733.603 Personal representative to proceed without court order. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified by this code or ordered by the court, shall do so without adjudication, order, or direction of the court. A personal representative may invoke the jurisdiction of the court to resolve questions concerning the estate or its administration or to enforce the authority of a personal representative conferred by this code. History. — s. 1, ch. 74-106; s. 1002, ch. 97-102; s. 126, ch. 2001-226; s. 3, ch. 2026-57. 733.604 Inventories and accountings; public records exemptions. (1)(a) Unless an inventory has been previously filed, a personal representative shall file a verified inventory of property of the estate, listing it with reasonable detail and including for each listed item its estimated fair market value at the date of the decedent’s death. (b)1. Any inventory of an estate, whether initial, amended, or supplementary, filed with the clerk of the court in conjunction with the administration of an estate is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2. Any inventory of an elective estate, whether initial, amended, or supplementary, filed with the clerk of the court in conjunction with an election made in accordance with part II of chapter 732 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 3. Any accounting, whether interim, final, amended, or supplementary, filed with the clerk of court in an estate proceeding is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 4. Any inventory or accounting made confidential and exempt by subparagraph 1., subparagraph 2., or subparagraph 3. shall be disclosed by the custodian for inspection or copying: a. To the personal representative; b. To the personal representative’s attorney; c. To an interested person as defined in s. 731.201; or d. By court order upon a showing of good cause. 5. These exemptions apply to any inventory or accounting filed before, on, or after July 1, 2009. (2) If the personal representative learns of any property not included in the original inventory, or learns that the estimated value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall file a verified amended or supplementary inventory showing any new items and their estimated value at the date of the decedent’s death, or the revised estimated value or description. (3) Upon written request to the personal representative, a beneficiary shall be furnished a written explanation of how the inventory value for an asset was determined, or, if an appraisal was obtained, a copy of the appraisal, as follows: (a) To a residuary beneficiary or heir in an intestate estate, regarding all inventoried assets. (b) To any other beneficiary, regarding all assets distributed or proposed to be distributed to that beneficiary. The personal representative must notify each beneficiary of that beneficiary’s rights under this subsection. Neither a request nor the failure to request information under this subsection affects any rights of a beneficiary in subsequent proceedings concerning any accounting of the personal representative or the propriety of any action of the personal representative. History. — s. 1, ch. 74-106; s. 76, ch. 75-220; s. 1, ch. 80-127; s. 4, ch. 84-106; s. 1, ch. 85-72; s. 29, ch. 85-342; s. 68, ch. 87-226; s. 28, ch. 95-401; s. 1003, ch. 97-102; s. 13, ch. 97-240; s. 127, ch. 2001-226; s. 1, ch. 2009-230; s. 1, ch. 2014-82. Note. — Created from former s. 733.03. 733.6065 Opening safe-deposit box. (1) Subject to the provisions of s. 655.936(2), the initial opening of a safe-deposit box that is leased or coleased by the decedent shall be conducted in the presence of any two of the following persons: an employee of the institution where the box is located, the personal representative, or the personal representative’s attorney of record. Each person who is present must verify the contents of the box by signing a copy of the inventory under penalties of perjury. The personal representative shall file the safe-deposit box inventory, together with a copy of the box entry record from a date which is 6 months prior to the date of death to the date of inventory, with the court within 10 days after the box is opened. Unless otherwise ordered by the court, this inventory and the attached box entry record is subject to inspection only by persons entitled to inspect an inventory under s. 733.604(1). The personal representative may remove the contents of the box. (2) The right to open and examine the contents of a safe-deposit box leased by a decedent, or any documents delivered by a decedent for safekeeping, and to receive items as provided for in s. 655.935 is separate from the rights provided for in subsection (1). History. — s. 129, ch. 2001-226; s. 7, ch. 2006-134; s. 71, ch. 2006-213. 733.607 Possession of estate. (1) Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except the protected homestead, but any real property or tangible personal property may be left with, or surrendered to, the person presumptively entitled to it unless possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by a beneficiary is conclusive evidence that the possession of the property by the personal representative is necessary for the purposes of administration, in any a