The 2023 Florida Statutes (including Special Session C)
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. . . . § 733.304. While common-law marriages are not generally recognized in Florida, see Fla. . . .
. . . Section 733.304(3) sets forth certain qualifications for nonresident personal representatives and provides . . . in pertinent part: 733.304 Nonresidents.— A person who is not domiciled in the state cannot qualify . . . See §§ 733.304 [the nonresident qualification statute], 733.3101, Fla. Stat. (2003). . . . The Angelus court characterized section 733.304, the nonresident personal representative statute, as . . . Section 733.304 does enunciate the requirements for a nonresident personal representative, and it is . . .
. . . concluding that appellee was qualified to serve as a nonresident personal representative pursuant to section 733.304 . . . the ground he was not qualified to serve as a nonresident personal representative pursuant to section 733.304 . . . He also asserted that he was qualified to serve as personal representative because section 733.304(3) . . . See §§ 733.304, 733.3101, Fla. Stat. (2003). . . . Although section 733.212(3) and section 733.304 are found in separate parts of the Florida Probate Code . . .
. . . . § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. . . .
. . . legatees, claimed Pass was legally prohibited from serving as personal representative under Section 733.304 . . . Section 733.304 provides that a nonresident cannot qualify as personal representative unless the nonresident . . . However, he claimed he did not know of the requirements of Section 733.304, and that the removal petition . . . Thus under Section 733.304 and Rule 5.310, Angelus, as an interested party, properly petitioned to remove . . . See §§ 733.304, 733.3101, Fla. Stat. (2003). . . .
. . . . § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. . . .
. . . . § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. . . .
. . . Montero as the personal representative arguing that pursuant to section 733.304, Florida Statutes (1997 . . . Section 733.304, Florida Statutes, provides: A person who is not domiciled in the state cannot qualify . . .
. . . . § 733.304, Fla.Stat. Nonresidents. § 733.305, Fla.Stat. . . .
. . . Section 733.304 provides certain exceptions to this residency requirement: Nonresidents. . . . appellant that the rationale behind the rather expansive statutory scheme of exceptions set out in section 733.304 . . .
. . . in decedent’s will except for the statutory disqualifications provided in sections 733.301 through 733.304 . . .
. . . Upholding the constitutionality of sections 733.302 and 733.304, Florida Statutes (1977), the trial court . . . 2 of the Constitution of the United States, we uphold the constitutionality of sections 733.302 and 733.304 . . . statutory provisions, a nonresident of Florida who is not related to decedent as specified in section 733.304 . . . Pincus further maintains that the exemption in section 733.304 for nonresident relatives of a decedent . . . Salfi, we conclude that sections 733.302 and 733.304 are constitutional. . . . By enacting sections 733.302 and 733.304, Florida Statutes (1977), the Florida Legislature has chosen . . . That provision was changed as to form in 1974 to what is now section 733.304. . . .
. . . This case considers the constitutionality vel non, of Florida Statutes 733.302 and 733.304 which disqualify . . . appointment as personal representative by reason that he is not qualified to serve — under Florida Statute 733.304 . . . The logic of the state’s attempt to justify the statutes fails upon consideration. § 733.304 exempts . . . understanding, is incompetent to discharge the duties of a personal representative is not qualified. 733.304 . . .