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. 733.305

733.305 Trust companies and other corporations and associations.—

(1) All trust companies incorporated under the laws of Florida, all state banking corporations and state savings associations authorized and qualified to exercise fiduciary powers in Florida, and all national banking associations and federal savings and loan associations authorized and qualified to exercise fiduciary powers in Florida shall be entitled to act as personal representatives and curators of estates.

(2) When a qualified corporation has been named as a personal representative in a will and subsequently transfers its business and assets to, consolidates or merges with, or is in any manner provided by law succeeded by, another qualified corporation, on the death of the testator, the successor corporation may qualify as personal representative unless the will provides otherwise.

(3) A corporation authorized and qualified to act as a personal representative as a result of merger or consolidation shall succeed to the rights and duties of all predecessor corporations as the personal representative of estates upon filing proof in the court, and without a new appointment. A purchase of substantially all the assets and the assumption of substantially all the liabilities shall be deemed a merger for the purpose of this section.

History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 1, ch. 77-174; s. 3, ch. 81-27; s. 100, ch. 2001-226.

Note.—Created from former s. 732.49.

F.S. 733.305 on Google Scholar

F.S. 733.305 on Casetext

Amendments to 733.305

Arrestable Offenses / Crimes under Fla. Stat. 733.305

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.305.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA PROBATE RULES, 123 So. 3d 31 (Fla. 2013)

. . . . § 733.305, Fla. Stat. Trust companies and other corporations and associations. § 733.504, Fla. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

. . . . § 733.305, Fla. Stat. Trust companies and other corporations and associations. § 733.504, Fla. . . .

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

. . . Substantially the same as section 733.202, Florida Statutes, and implementing sections 733.301 through 733.305 . . . Nonresidents. § 733.305, Fla. Stat. Trust companies and other corporations and associations. . . . Persons not qualified. § 733.305, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . Substantially the same as section 733.202, Florida Statutes, and implementing sections 733.301 through 733.305 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 733.305, Fla. Stat. Trust companies and other corporations and associations. § 733.504, Fla. . . .

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

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

FIRST UNION NATIONAL BANK, N. A. v. F. JONES,, 732 So. 2d 495 (Fla. Dist. Ct. App. 1999)

. . . First Union argued that although section 733.305(2) allows the court to remove a PR once appointed, federal . . . Section 733.305(2) provides: “When a qualified corporation has been named as a personal representative . . . and the court may issue letters to the successor corporation unless the will provides otherwise.” § 733.305 . . .

In MONTANEZ, DIDIEGO, v. CROCKETT, FRANKLIN CHASEN, P. A., 687 So. 2d 943 (Fla. Dist. Ct. App. 1997)

. . . Section 733.305, Florida Statutes (1993), only allows corporations to serve as personal representatives . . . are trust companies, banking corporations, savings associations, and savings and loan associations. § 733.305 . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 733.305, Fla.Stat. . . . Statutory References § 733.305(1), Fla.Stat. . . .

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

. . . the same as F*S* section 733.202, Florida Statutes, and implementing F*S* sections 733.301 through 733.305 . . . Nonresidents. § 733.305, Fla.Stat. Trust companies and other corporations and associations. . . . Persons not qualified. § 733.305, Fla.Stat. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . Substantially the same as F.S. 733.202, and implementing F.S. 733.301 through 733.305. 1988 Revision: . . . F.S. 733.305 Trust companies and other corporations and associations. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . Substantially the same as F.S. 733.202, and implementing F.S. 733.301 through 733.305. 1988 Revision: . . . F.S. 733.305 Trust companies and other corporations and associations. . . .

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

. . . See §§ 733.302-733.305, Fla. Stat. (1985). . . . See §§ 733.301-733.305, Fla.Stat. (1985). . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . F.S. 733.305 Trust companies and other corporations and associations. . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . Substantially the same as FPC 733.202, and implementing FPC 733.301 through 733.305. RULE 5.210. . . .