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Florida Statute 733.304 | Lawyer Caselaw & Research
F.S. 733.304 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 733.304

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
F.S. 733.304
733.304 Nonresidents.A person who is not domiciled in the state cannot qualify as personal representative unless the person is:
(1) A legally adopted child or adoptive parent of the decedent;
(2) Related by lineal consanguinity to the decedent;
(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or
(4) The spouse of a person otherwise qualified under this section.
History.s. 1, ch. 74-106; s. 63, ch. 75-220; s. 6, ch. 79-343.
Note.Created from former s. 732.47.

F.S. 733.304 on Google Scholar

F.S. 733.304 on Casetext

Amendments to 733.304


Arrestable Offenses / Crimes under Fla. Stat. 733.304
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.304.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MAMANI, v. S BERZA N, No. S De S No., 309 F. Supp. 3d 1274 (S.D. Fla. 2018)

. . . . § 733.304. While common-law marriages are not generally recognized in Florida, see Fla. . . .

HILL, v. DAVIS,, 70 So. 3d 572 (Fla. 2011)

. . . 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 . . .

HILL, v. DAVIS, E., 31 So. 3d 921 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. . . .

ANGELUS, v. I. PASS,, 868 So. 2d 571 (Fla. Dist. Ct. App. 2004)

. . . 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). . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . . § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. . . .

AMERICAN AIRLINES, INC. v. MONTERO,, 741 So. 2d 587 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . . § 733.304, Fla.Stat. Nonresidents. § 733.305, Fla.Stat. . . .

In ESTATE OF ANGELERI, 575 So. 2d 794 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

C. PONTRELLO, v. ESTATE OF C. KEPLER,, 528 So. 2d 441 (Fla. Dist. Ct. App. 1988)

. . . in decedent’s will except for the statutory disqualifications provided in sections 733.301 through 733.304 . . .

In ESTATE GREENBERG,, 390 So. 2d 40 (Fla. 1980)

. . . 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. . . .

FAIN, M. L. v. T. HALL,, 463 F. Supp. 661 (M.D. Fla. 1979)

. . . 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 . . .