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Florida Statute 731.303 - Full Text and Legal Analysis
Florida Statute 731.303 | 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
731.303 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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Amendments to 731.303


Annotations, Discussions, Cases:

Cases Citing Statute 731.303

Total Results: 18  |  Sort by: Relevance  |  Newest First

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Kirton v. Fields, 997 So. 2d 349 (Fla. 2008).

Cited 29 times | Published | Supreme Court of Florida | 2008 WL 5170603

...1st DCA 2006) (listing circumstances in which trial court may or must appoint a guardian ad litem: § 39.402(8)(c) (shelter hearings); § 39.807(2)(a) (termination of parental rights proceedings); § 73.021(4) (eminent domain proceedings); § 390.01115(4)(a) (termination of pregnancy without parental notification); § 731.303(4) (probate proceedings); § 743.09(3) (contract for artistic or creative services or professional sport contract); § 744.446 (parental conflict of interests with minor child), Florida Statutes (2004))....
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Payette v. Clark, 559 So. 2d 630 (Fla. 2d DCA 1990).

Cited 15 times | Published | Florida 2nd District Court of Appeal | 1990 WL 12769

...Lastly, we address the authority of the probate division to exercise personal jurisdiction over the appellees. All the appellees are "interested persons" in the estate. § 731.201(21), Fla. Stat. (1987). All are required to be given notice of the petition. § 731.303(4)(a), Fla....
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Griffin v. Griffin, 463 So. 2d 569 (Fla. 1st DCA 1985).

Cited 7 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 450

...As her second issue on cross-appeal, appellee alleges the trial court erred in reversing that portion of the order which directed the trustees to provide for the higher education expenses of the income beneficiary, John Michael Griffin. Appellee relies on Section 731.303(2)(b), Florida Statutes (1979) [2] , to support her theory that the appellee-guardian's suit in behalf of the minor beneficiary served to represent the interests of all the income beneficiaries....
...ber 20, 1983, as the evidence, pleadings which may be amended to conform therewith, and the immediate past conduct and conflict of interest involved herein necessitate this paragraph on behalf of the Minor income beneficiary. (emphasis supplied) [2] § 731.303(2)(b), Fla....
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All Child.'s Hosp., Inc. v. Owens, 754 So. 2d 802 (Fla. 2d DCA 2000).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 320681

...[3] Given that the personal representative or the administrator ad litem can pursue claims for the benefit of all recipients under the will, this action either duplicates those efforts or is an attempt to gain an advantage over the other beneficiaries. See generally, § 731.303(2)(b)(3), Fla....
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Cmty. Fed. Sav. & Loan v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984).

Cited 4 times | Published | Florida 4th District Court of Appeal

...Further appellant argues that since the provisions for notice and virtual representation apply in guardianship, citing section 744.106, Florida Statutes (1983), then any judgment entered against a guardian binds the ward even if such judgment results from a default. This is clearly wrong. Although section 731.303(2)(b)(1) provides that, to the extent there is no conflict of interest between them, orders binding a guardian of the property bind the ward whose estate he controls, this hypothesis is limited to probate and guardianship proceedings in which a judgment has been entered in due course and with due process....
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TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006).

Cited 3 times | Published | Florida 1st District Court of Appeal

...incompetent person." Fla. R. Civ. P. 1.210(b). Although the appointment under the rule of civil procedure is discretionary, other specific statutes and rules contemplate appointment of guardians ad litem for minor children in particular proceedings. Section 731.303(4), Florida Statutes (2004), provides that, in probate proceedings, "[i]f 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 ......
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Young v. St. Vincent's Med. Ctr., 653 So. 2d 499 (Fla. 1st DCA 1995).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1995 WL 234614

...shall be deemed manslaughter." Other examples of legislative intent to protect unborn children can be found in section 797.03(3), proscribing any person from performing or assisting in the performance of an abortion in the third trimester of pregnancy other than in a hospital, and in section 731.303(2)(c), the Probate Code, referring to an unborn or unascertained "person" with regard to property rights....
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Delpa, Inc. v. Martinez, 878 So. 2d 455 (Fla. 3d DCA 2004).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 10822, 2004 WL 1621433

...t and enter judgment without it. I would therefore reverse the judgment in Martinez's favor. [2] NOTES [1] In a fall-back argument, Martinez's counsel suggested that the court could appoint a guardian ad litem for this mentally competent adult under section 731.303(4), Florida Statutes (2003). However, section 731.303 governs representation "in judicial proceedings involving estates of decedents or trusts," neither of which is implicated here. Moreover, as counsel conceded, he had never complied with those procedural safeguards that are also part of section 731.303....
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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

...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being *1281 substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements F.S. 731.303(5), F.S....
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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

...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements F.S. 731.303(5), F.S....
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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

...nd includes some of the provisions of prior FPRrule 5.230. 1988 Revision: Editorial changes; captions added to paragraphs. Citation form changes in committee notes. 1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.303(5), Florida Statutes. Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.303, Fla.Stat....
...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. Waiver and consent by interested person. § 731.303, Fla.Stat....
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Mark Carmel v. Norman Fleisher (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

that section 731.303(1), Florida Statutes (2022) supports the trial court’s ruling. Section 731.303(1)
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Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright, 452 So. 2d 638 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13617

...Further appellant argues that since the provisions for notice and virtual representation apply in guardianship, citing section 744.106, Florida Statutes (1983), then any judgment entered against a guardian binds the ward even if such judgment results from a default. This is clearly wrong. Although section 731.303(2)(b)(l) provides that, to the extent there is no conflict of interest between them, orders binding a guardian of the property bind the ward whose estate he controls, this hypothesis is limited to probate and guardianship proceedings in which a judgment has been entered in due course and with due process....
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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

...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and includes some of the provisions of prior rule 5.230....
...1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.308(5), Florida Statutes. Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.303, Fla....
...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. Stat. Waiver and consent by interested person. § 731.303, 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

...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and includes some of the provisions of prior rule 5.230. 1988 Revision: Editorial changes; captions added to paragraphs. Citation form changes in committee notes. 1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.303(5), Florida Statutes....
...2006 Revision: Committee notes revised. 2008 Revision: Subdivisions (a), (b), (c), and (d) amended to include persons with a developmental disability. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.303, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...Jud. Admin.Florida Rule of Judicial Administration 2.425. Committee notes revised. 2020 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.303, Fla....
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Unborn Child, Etc. v. Dir. James Reyes (Fla. 3d DCA 2023).

Published | Florida 3rd District Court of Appeal

...statute does not otherwise specifically provide a separate offense for such death or injury to an unborn child.”). Under Florida’s Trust and Estate law, the Legislature has provided that an unborn child is entitled to representation. See § 731.303(4), 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

...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and includes some of the provisions of prior rule 5.230. 1988 Revision: Editorial changes; captions added to paragraphs. Citation form changes in committee notes. 1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.303(5), Florida Statutes. Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References § 731.303, Fla....
...ght 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. Stat. Waiver and consent by interested person. § 731.303, Fla....