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Florida Statute 731.302 - Full Text and Legal Analysis
Florida Statute 731.302 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 731
PROBATE CODE: GENERAL PROVISIONS
View Entire Chapter
731.302 Waiver and consent by interested person.Subsequent to the filing of a petition for administration, an interested person, including a guardian ad litem, administrator ad litem, guardian of the property, personal representative, trustee, or other fiduciary, or a sole holder or all coholders of a power of revocation or a power of appointment, may waive, to the extent of that person’s interest or the interest which that person represents, subject to the provisions of ss. 731.303 and 733.604, any right or notice or the filing of any document, exhibit, or schedule required to be filed and may consent to any action or proceeding which may be required or permitted by this code.
History.s. 1, ch. 74-106; s. 6, ch. 75-220; s. 4, ch. 77-87; s. 267, ch. 79-400; s. 3, ch. 84-106; s. 25, ch. 2003-154.
Note.Created from former s. 732.28.

F.S. 731.302 on Google Scholar

F.S. 731.302 on CourtListener

Amendments to 731.302


Annotations, Discussions, Cases:

Cases Citing Statute 731.302

Total Results: 19  |  Sort by: Relevance  |  Newest First

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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

...r from the criteria and standards of proof presently existing in chapter 765, Florida Statutes, the Life-Prolonging Procedure Act of Florida. Rule History 1991 Revision: New rule. Statutory References § 709.08, Fla. Stat. Durable power of attorney. § 731.302, Fla....
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Amendments to Florida Prob. Rules, 683 So. 2d 78 (Fla. 1996).

Cited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

...hat right. Committee Notes One person who serves in two fiduciary capacities may not waive or consent to the person's acts without the approval of those whom the person represents. This rule represents a rule implementation of the procedure found in section 731.302, Florida Statutes....
...Extends right of waiver to natural guardian; clarifies right to waive service of notice of administration. 1984 Revision: Extends waiver to disclosure of compensation and distribution of assets. Committee notes revised. 1988 Revision: Procedure from section 731.302, Florida Statutes, inserted as new (1)(f), and a new requirement that the waiver be in writing has been added....
...Committee notes revised. Citation form changes in committee notes. 1996 Revision: Addition of specific fee waiver disclosure requirements found in ž 733.6171(9), Florida Statutes, and expanded to cover all fees. Committee notes revised. Statutory References ž 731.302, Fla.Stat....
...ees of certain revocable trusts as defined by Florida statute. Editorial changes. Statutory References ž 731.111, Fla.Stat. Notice to creditors. ž 731.201(21), Fla.Stat. General definitions. ž 731.301, Fla.Stat. Notice; method and time; proof. ž 731.302, Fla.Stat....
...1996 Revision: Addition in (a)(4) of specific attorney fee compensation disclosure *101 requirements found in ž 733.6171(9), Florida Statutes, and expanded to cover all compensation. Committee notes revised. Statutory References ž 731.201(10), (21), Fla.Stat. General definitions. ž 731.302, Fla.Stat....
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In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011).

Cited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

...Editorial changes to conform to the court's guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Statutory reference to section 732.402, Florida Statutes, added. Committee Notes revised. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla....
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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

...Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla....
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In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

...f of the surviving spouse. New subdivision (e) added to provide a deadline for objection by a person who waives service. Committee notes revised. Statutory References § 731.201(21)(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla....
...2003 Revision: Committee notes revised. 2005 Revision: Subdivision (f) deleted to avoid duplication with rule 5.180. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(10), (21)(12), (23), Fla. Stat. General definitions. § 731.302, Fla....
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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney Act. § 709.2109, Fla. Stat. Termination or suspension of power of attorney or agent’s authority. § 731.302, Fla....
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In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

...rifying editorial change made in (a). New subdivision (b)(5) added regarding notice to file election to take elective share. Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla....
...anded to cover all compensation. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (f) deleted to avoid duplication with rule 5.180. Statutory References § 731.201(10), (21), Fla. Stat. General definitions. § 731.302, Fla....
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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

...ict of interest. Committee Notes When the same person serves in two fiduciary capacities he may not waive or consent to his acts without the approval of those whom he represents. This rule represents a rule implementation of the procedure found in F.S. 731.302....
...Committee notes revised. 1988 Revision: Procedure from F.S. 731.-302 inserted as new (l)(f), and a new requirement that the waiver be in writing has been added. Editorial changes. Committee notes expanded. Citation form changes in committee notes. Statutory References F.S. 731.302 Waiver and consent by interested person....
...1988 Revision: Subparagraph (b)(1) is deleted to avoid duplication with FPR 5.346. Paragraph (c) is amended to add the 12-month time specification of F.S. 733.901(1). Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.302 Waiver and consent by interested person....
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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

...nts of interest. Committee Notes When the same person serves in two fidiciary capacities he may not waive or consent to his acts without the approval of those whom he represents. This rule represents a rule implementation of the procedure found in F.S. 731.302....
...Committee notes revised. 1988 Revision: Procedure from F.S. 731.-302 inserted as new (l)(f), and a new requirement that the waiver be in writing has been added. Editorial changes. Committee notes expanded. Citation form changes in committee notes. Statutory References F.S. 731.302 Waiver and consent by interested person....
...1988 Revision: Subparagraph (b)(1) is deleted to avoid duplication with FPR 5.346. Paragraph (c) is amended to add the 12-month time specification of F.S. 733.-901(1). Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.302 Waiver and consent by interested persons....
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In re Amendments to the Florida Prob. Rules, 123 So. 3d 31 (Fla. 2013).

Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

...The receipt of the notice of administration can trigger time limits for the person receiving the notice with regard to certain rights, such as the right to claim an elective share. Rule History 2013 Revision: New rule. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731,301, Fla. Stat. Notice. § 731.302, Fla....
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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

...Committee Notes When the-sameOne person who serves in two fiduciary capacities he may not waive or consent to faisthe person’s acts without the approval of those whom hethe person represents. This rule represents a rule implementation of the procedure found in R&section 731.302, Florida Statutes....
...Rule History 1977 Revision: Extends right of waiver to natural guardian; clarifies right to waive service of notice of administration. 1984 Revision: Extends waiver to disclosure of compensation and distribution of assets. Committee notes revised. 1988 Revision: Procedure from RSrSection 731.302, Florida Statutes, inserted as new (l)(f), and a new requirement that the waiver be in writing has been added. Editorial changes. Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References 731.302, Fla.Stat....
...Editorial changes; committee notes revised; citation form changes in committee notes. Statutory References § 731.111, Fla.Stat. Notice to creditors. § 731.201(21), Fla.Stat. General definitions. § 731.301, Fla.Stat. Notice; method and time; proof. § 731.302, Fla.Stat....
...Citation form changes in committee notes. 1992 Revision: Subdivision (b)(5)(D) is added. Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.201(10), (21), Fla.Stat. General definitions. ⅜⅞⅛ 731.302, Fla.Stat....
...he patient should receive notice of the petition and hearing. Committee notes revised. Citation form changes in committee notes. Constitutional Reference Art. I, § 23, Fla. Const. Statutory References § 709.08, Fla.Stat. Durable power of attorney. § 731.302, Fla.Stat....
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Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984).

Published | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

...*1090 Rule History 1977 Revision: Extends right of waiver to natural guardian; clarifies right to waive service of notice of administration. 1984 Revision: Extends waiver to disclosure of compensation and distribution of assets. Committee notes revised. Statutory References F.S. 731.302 Waiver and consent by interested person....
...Portions of the prior rule are now incorporated in rules 5.400 and 5.401. The committee has included the procedure for filing and serving of objections to the final accounting, petition for discharge, plan of distribution or compensation in rule 5.401. Statutory References F.S. 731.302 Waiver and consent by interested persons....
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...709.2102(1), Florida Statutes. Statutory References - 14 - § 709.2102(1), Fla. Stat. Definitions. § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla....
...Constitutional Reference [No Change] Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 731.302, Fla....
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Amendments to the Florida Prob. Rules, 824 So. 2d 849 (Fla. 2002).

Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

...2002 Revision: Procedures for notifying creditors are now governed by new rule 5.241, Committee notes revised. Statutory References § 731.111, Fla. Stat. Notice to creditors. § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice; — method and time;. proof. § 731.302, Fla....
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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

...t right. Committee Notes One person who serves in two fiduciary capacities may not waive or consent to the person’s acts without the approval of those whom the person represents. This rule represents a rule implementation of the procedure found in section 731.302, Florida Statutes....
...Rule History 1977 Revision: Extends right of waiver to natural guardian; clarifies right to waive service of notice of administration. 1984 Revision: Extends waiver to disclosure of compensation and distribution of assets. Committee notes revised. 1988 Revision: Procedure from section 731.302, Florida Statutes, inserted as new (l)(f), and a new requirement that the waiver be in writing has been added....
...Citation form changes in committee notes. 1996 Revision: Addition of specific fee waiver disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all fees. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 731.302, Fla....
...2002 Revision: Procedures for notifying creditors are now governed by new rule 5.241. Committee notes revised. 2003 Revision: Change in title of (a) to reflect elimination of publication of notice. Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla....
...1996 Revision: Addition in (a)(4) of specific attorney fee compensation disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all compensation. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 731.201(10), (21), Fla. Stat. General definitions. § 731.302, Fla....
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In Re: Amendments to Florida Prob. Rules (Fla. 2024).

Published | Supreme Court of Florida

...Committee notes revised. Constitutional Reference [No Change] Statutory References § 731.104, Fla. Stat. Verification of documents. § 731.201(33), Fla. Stat. General definitions. - 14 - § 731.301, Fla. Stat. Notice. § 731.302, Fla....
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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

...Process and service of process. ch. 49, Fla. Stat. Constructive service of process. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.105, Fla. Stat. In rem proceeding. § 731.201(18), (22), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla....
...y guardianship of property. Committee notes revised. 2006 Revision: Subdivision (c) amended to conform to 2006 amendments to section 744.527, Florida Statutes. Subdivision (h) deleted as unnecessary because substantive right of waiver is provided by section 731.302, Florida Statutes....
...Citation form changes in committee notes. 2008 Revision: Committee notes revised. Constitutional Reference Art. I, § 23, Fla. Const. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 709.08, Fla. Stat. Durable power of attorney. § 731.302, Fla....
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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

...The waiver or consent shall be filed. Committee Notes One person who serves in two fiduciary capacities may not waive or consent to the person’s acts without the approval of those whom the person represents. This rule represents a rule implementation of the procedure found in section 731.302, Florida Statutes....
...Rule History 1977 Revision: Extends right of waiver to natural guardian; clarifies right to waive service of notice of administration. 1984 Revision: Extends waiver to disclosure of compensation and distribution of assets. Committee notes revised. 1988 Revision: Procedure from section 731.302, Florida Statutes, inserted as new (l)(f), and a new requirement that the waiver be in writing has been added....
...Florida Statutes, and expanded to cover all fees. Committee notes revised. 2003 Revision: Committee notes revised. 2006 Revision: Rule extensively amended to remove references to interested persons’ right to waive or consent, which is governed by section 731.302, Florida Statutes, and to address manner of execution and contents of waiver. Committee notes revised. Statutory References § 731.302, Fla....
...Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (f) deleted to avoid duplication with rule 5.180. 2006 Revision: Committee notes revised. Statutory References § 731.201(10), (21), Fla. Stat. General definitions. § 731.302, Fla....
...y guardianship of property. Committee notes revised. 2006 Revision: Subdivision (c) amended to conform to 2006 amendments to section 744.527, Florida Statutes. Subdivision (h) deleted as unnecessary because substantive right of waiver is provided by section 731.302, Florida Statutes.....
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...709.2102(1), Florida Statutes. Statutory References - 15 - § 709.2102(1), Fla. Stat. Definitions. § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla....
...Constitutional Reference [No Change] Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 731.302, Fla....