RULE 5.150. ORDER REQUIRING ACCOUNTING

(a) Accountings Required by Statute. When any personal
representative or guardian fails to file an accounting or return
required by statute or rule, the court on its own motion or on the
petition of an interested person shall order the personal
representative or guardian to file the accounting or return within 15
days from the service on the personal representative or guardian of
the order, or show cause why he or she should not be compelled to
do so.

(b) Accountings Not Required by Statute. On the petition
of an interested person, or on its own motion, the court may require
the personal representative or guardian to file an accounting or
return not otherwise required by statute or rule. The order requiring
an accounting or return shall order the personal representative or
guardian to file the accounting or return within a specified time
from service on the personal representative or guardian of the
order, or show cause why he or she should not be compelled to do
so.

(c) Service. A copy of the order shall be served on the
personal representative or guardian and the personal
representative’s or guardian’s attorney.
Committee Notes

The court on its motion or on petition of an interested person
may require a personal representative or guardian to file an
accounting or return not otherwise required by statute.

Rule History

1977 Revision: Change in committee notes.

1984 Revision: Extensive editorial changes. Committee notes
revised and expanded.

1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.

2003 Revision: Committee notes revised.

2008 Revision: Committee notes revised.

Statutory References

§ 38.22, Fla. Stat. Power to punish contempts.

§ 38.23, Fla. Stat. Contempts defined.

§ 393.12(2)(h), Fla. Stat. Capacity; appointment of guardian
advocate.

§ 733.5036, Fla. Stat. Accounting and discharge following
resignation.

§ 733.508, Fla. Stat. Accounting and discharge of removed
personal representatives upon removal.

§ 733.901, Fla. Stat. Final discharge.

ch. 738, Fla. Stat. Principal and income.

§ 744.3085, Fla. Stat. Guardian advocates.

§ 744.367, Fla. Stat. Duty to file annual guardianship report.
§ 744.3678, Fla. Stat. Annual accounting.

§ 744.3685, Fla. Stat. Order requiring guardianship report;
contempt.

§ 744.369, Fla. Stat. Judicial review of guardianship reports.

§ 744.467, Fla. Stat. Resignation of guardian.

§ 744.511, Fla. Stat. Accounting upon removal.

§ 744.517, Fla. Stat. Proceedings for contempt.

§ 744.521, Fla. Stat. Termination of guardianship.

§ 744.524, Fla. Stat. Termination of guardianship on change of
domicile of resident ward.

§ 744.527, Fla. Stat. Final reports and applications for
discharge; hearing.

Rule References

Fla. Prob. R. 5.649 Guardian advocate.

Fla. Prob. R. 5.650 Resignation or disqualification of guardian;
appointment of successor.

Fla. Prob. R. 5.660 Proceedings for removal of guardian.

Fla. Prob. R. 5.670 Termination of guardianship on change of
domicile of resident ward.

Fla. Prob. R. 5.680 Termination of guardianship.

Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.

Fla. Prob. R. 5.695 Annual guardianship report.

Fla. Prob. R. 5.696 Annual accounting.
Fla. Prob. R. 5.697 Magistrates’ review of guardianship
accountings and plans.