RULE 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE

(a) Resignation. A personal representative may resign with
court approval.

(b) Petition for Resignation. The personal representative
seeking to resign shall file a petition for resignation. The petition
shall be verified and shall state:

(1) the personal representative desires to resign and be
relieved of all powers, duties, and obligations as personal
representative;

(2) the status of the estate administration and that the
interests of the estate will not be jeopardized if the resignation is
accepted;

(3) whether a proceeding for accounting, surcharge, or
indemnification or other proceeding against the resigning personal
representative is pending; and

(4) whether the appointment of a successor fiduciary is
necessary. If the petition nominates a successor fiduciary, it shall
state the nominee’s priority under the Florida Probate Code, if any,
and that the nominee is qualified to serve under the laws of Florida.

(c) Service. The petition shall be served by formal notice on
all interested persons and the personal representative’s surety, if
any.

(d) Appointment of Successor. Before accepting the
resignation, the court shall determine the necessity for appointment
of a successor fiduciary. If there is no joint personal representative
serving, the court shall appoint a successor fiduciary.

(e) Acceptance of Resignation. The court may accept the
resignation and revoke the letters of the resigning personal
representative if the interests of the estate are not jeopardized.
Acceptance of the resignation shall not exonerate the resigning
personal representative or the resigning personal representative’s
surety from liability.

(f) Delivery of Records and Property. The resigning
personal representative shall immediately upon acceptance of the
resignation by the court deliver to the remaining personal
representative or the successor fiduciary all of the records of the
estate and all property of the estate, unless otherwise directed by
the court.

(g) Petition for Discharge; Accounting. The resigning
personal representative shall file an accounting and a petition for
discharge within 30 days after the date that the letters of the
resigning personal representative are revoked by the court. The
petition for discharge shall be verified and shall state:

(1) that the letters of the resigning personal
representative have been revoked;

(2) that the resigning personal representative has
surrendered all undistributed estate assets, records, documents,
papers, and other property of or concerning the estate to the
remaining personal representative or the successor fiduciary; and

(3) the amount of compensation paid or to be paid the
resigning personal representative and the attorney and other
persons employed by the resigning personal representative.

(h) Notice, Filing, and Objections to Accounting. Notice
of, filing of, and objections to the accounting of the resigning
personal representative shall be as provided in rule 5.345.
(i) Notice of Filing and Objections to Petition for
Discharge.

(1) Notice of filing and a copy of the petition for
discharge shall be served on all interested persons. The notice shall
state that objections to the petition for discharge must be filed
within 30 days after the later of service of the petition or service of
the accounting on that interested person.

(2) Any interested person may file an objection to the
petition for discharge within 30 days after the later of service of the
petition or service of the accounting on that interested person. Any
objection not filed within such time shall be deemed abandoned. An
objection shall be in writing and shall state with particularity the
item or items to which the objection is directed and the grounds on
which the objection is based.

(3) The objecting party shall serve a copy of the
objection on the resigning personal representative and other
interested persons.

(4) Any interested person may set a hearing on the
objections. Notice of the hearing shall be given to the resigning
personal representative and other interested persons.

(j) Failure to File Accounting or Deliver Records or
Property. The resigning personal representative shall be subject to
contempt proceedings if the resigning personal representative fails
to file an accounting or fails to deliver all property of the estate and
all estate records under the control of the resigning personal
representative to the remaining personal representative or the
successor fiduciary within the time prescribed by this rule or by
court order.

(k) Discharge. The court shall enter an order discharging
the resigning personal representative and releasing the surety on
any bond after the court is satisfied that the resigning personal
representative has delivered all records and property of the estate to
the remaining personal representative or the successor fiduciary;
that all objections, if any, to the accounting of the resigning
personal representative have been withdrawn, abandoned, or
judicially resolved; and that the liability of the resigning personal
representative has been determined and satisfied.

Committee Notes

In the event of resignation of a personal representative, if a
joint personal representative is not serving, the successor fiduciary
must file an oath and designation of a successor resident agent.

This rule was revised to implement the revisions to the probate
code that govern resignation of personal representative. The
committee intended to separate the procedure with respect to
resignation from removal because these proceedings may differ in
practice.

Rule History

1975 Revision: The rule provides for the orderly succession of
personal representatives in the event a personal representative
resigns or is removed.

1977 Revision: Editorial change in committee note.

1988 Revision: Editorial changes; captions added to
subdivisions. Committee notes revised. Citation form changes in
committee notes.

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

2003 Revision: Rule completely revised to comply with
statutory changes. Committee notes revised.

2007 Revision: Committee notes revised.

2012 Revision: Committee notes revised.

Statutory References
§ 731.104, Fla. Stat. Verification of documents.

§ 731.201(23), Fla. Stat. General definitions.

§ 733.101, Fla. Stat. Venue of probate proceedings.

§ 733.502, Fla. Stat. Resignation of personal representative.

§ 733.503, Fla. Stat. Appointment of successor upon
resignation.

§ 733.5035, Fla. Stat. Surrender of assets after resignation.

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

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.310 Disqualification of personal representative;
notification.

Fla. Prob. R. 5.330 Execution by personal representative.

Fla. Prob. R. 5.345 Accountings other than personal
representatives’ final accountings.

Fla. Prob. R. 5.346 Fiduciary accounting.

Fla. Prob. R. 5.401 Objections to petition for discharge or final
accounting.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents