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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 731.303731.303 Representation.—In the administration of or in judicial proceedings involving estates of decedents, the following apply:(1) Persons are bound by orders binding others in the following cases:(a)1. Orders binding the sole holder or all coholders of a power of revocation or a general, special, or limited power of appointment, including one in the form of a power of amendment or revocation to the extent that the power has not become unexercisable in fact, bind all persons to the extent that their interests, as persons who may take by virtue of the exercise or nonexercise of the power, are subject to the power. 2. Subparagraph 1. does not apply to:a. Any matter determined by the court to involve fraud or bad faith by the trustee; b. A power of a trustee to distribute trust property; or c. A power of appointment held by a person while the person is the sole trustee. (b) To the extent there is no conflict of interest between them or among the persons represented:1. Orders binding a guardian of the property bind the ward. 2. Orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will, in establishing or adding to a trust, in reviewing the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties. However, for purposes of this section, a conflict of interest shall be deemed to exist when each trustee of a trust that is a beneficiary of the estate is also a personal representative of the estate. 3. Orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate, in actions or proceedings by or against the estate. (c) An unborn or unascertained person, or a minor or any other person under a legal disability, who is not otherwise represented is bound by an order to the extent that person’s interest is represented by another party having the same or greater quality of interest in the proceeding. (2) Orders binding a guardian of the person shall not bind the ward. (3) In proceedings involving the administration of estates, notice is required as follows:(a) Notice as prescribed by law shall be given to every interested person, or to one who can bind the interested person as described in paragraph (1)(a) or paragraph (1)(b). Notice may be given both to the interested person and to another who can bind him or her. (b) Notice is given to unborn or unascertained persons who are not represented pursuant to paragraph (1)(a) or paragraph (1)(b) by giving notice to all known persons whose interests in the proceedings are the same as, or of a greater quality than, those of the unborn or unascertained persons. (4) If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time, appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, or a person whose identity or address is unknown. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. (5) The holder of a power of appointment over property not held in trust may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. Representation under this subsection does not apply to:(a) Any matter determined by the court to involve fraud or bad faith by the trustee; (b) A power of a trustee to distribute trust property; or (c) A power of appointment held by a person while the person is the sole trustee. History.—s. 1, ch. 74-106; s. 7, ch. 75-220; s. 5, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 88-217; s. 3, ch. 92-200; s. 951, ch. 97-102; s. 13, ch. 2001-226; s. 3, ch. 2002-82; s. 3, ch. 2003-154; s. 30, ch. 2006-217; s. 9, ch. 2007-153.
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Annotations, Discussions, Cases:
Cases Citing Statute 731.303
Total Results: 18
997 So. 2d 349, 2008 WL 5170603
Supreme Court of Florida | Filed: Dec 11, 2008 | Docket: 1720571
Cited 29 times | Published
of pregnancy without parental notification); § 731.303(4) (probate proceedings); § 743.09(3) (contract
559 So. 2d 630, 1990 WL 12769
District Court of Appeal of Florida | Filed: Feb 16, 1990 | Docket: 1525495
Cited 15 times | Published
required to be given notice of the petition. § 731.303(4)(a), Fla. Stat. (1987). Service of notice was
463 So. 2d 569, 10 Fla. L. Weekly 450
District Court of Appeal of Florida | Filed: Feb 18, 1985 | Docket: 448925
Cited 7 times | Published
John Michael Griffin. Appellee relies on Section 731.303(2)(b), Florida Statutes (1979)[2], to support
754 So. 2d 802, 2000 WL 320681
District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 431022
Cited 4 times | Published
over the other beneficiaries. See generally, § 731.303(2)(b)(3), Fla. Stat. (1993). We are not inclined
452 So. 2d 638
District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 474538
Cited 4 times | Published
a default. This is clearly wrong. Although section 731.303(2)(b)(1) provides that, to the extent there
920 So. 2d 75
District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609
Cited 3 times | Published
minor children in particular proceedings.
Section 731.303(4), Florida Statutes (2004), provides that
653 So. 2d 499, 1995 WL 234614
District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 552214
Cited 2 times | Published
pregnancy other than in a hospital, and in section 731.303(2)(c), the Probate Code, referring to an unborn
878 So. 2d 455, 2004 Fla. App. LEXIS 10822, 2004 WL 1621433
District Court of Appeal of Florida | Filed: Jul 21, 2004 | Docket: 1353605
Cited 1 times | Published
competent adult under section 731.303(4), Florida Statutes (2003). However, section 731.303 governs representation
District Court of Appeal of Florida | Filed: Jun 20, 2024 | Docket: 68869499
Published
that section 731.303(1), Florida Statutes (2022)
supports the trial court’s ruling. Section 731.303(1)
District Court of Appeal of Florida | Filed: Feb 24, 2023 | Docket: 66863863
Published
unborn child is entitled to representation. See § 731.303(4), Fla. Stat. (“If
the court determines that
Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640
Published
Capacity; appointment of guardian advocate.
§ 731.303, Fla. Stat. Representation.
§ 733.308,
986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902
Published
subdivision (a) to conform to 1992 amendment to section 731.303(5), Florida Statutes. Editorial changes. Committee
948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101
Published
subdivision (a) to conform to 1992 amendment to section 731.303(5), Florida Statutes. Editorial changes. Committee
848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856
Published
Committee notes revised.
Statutory References
§ 731.303, Fla. Stat. Representation.
§ 733.308, Fla. Stat
607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175
Published
subdivision (a) to conform to 1992 amendment to section 731.303(5), Florida Statutes. Editorial changes. Committee
531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451
Published
statutory renumbering.
This rule implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.391, and includes
537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022
Published
statutory renumbering.
This rule implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.391, and includes
452 So. 2d 638, 1984 Fla. App. LEXIS 13617
District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 64605774
Published
a default. This is clearly wrong. Although section 731.303(2)(b)(l) provides that, to the extent there
