Florida Statute 733.305 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 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.

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Amendments to 733.305

Annotations, Discussions, Cases:

Cases Citing Statute 733.305

Total Results: 20

In Re Amendments to the Florida Probate Rules

584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221

Cited 5 times | Published

733.303, Fla. Stat. Persons not qualified. *970 § 733.305, Fla. Stat. Trust companies and other corporations

In Re Estate of Montanez

687 So. 2d 943

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 1718653

Cited 3 times | Published

the personal representative of the estate. Section 733.305, Florida Statutes (1993), only allows corporations

In Re Amendments to the Florida Probate Rules

73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2359764

Cited 2 times | Published

§ 733.303, Fla. Stat. Persons not qualified. § 733.305, Fla. Stat. Trust companies and other corporations

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

qualified. § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. Trust companies and other corporations

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Dec 12, 2024 | Docket: 69351374

Published

is authorized and qualified to serve under section 733.305, Florida Statutes. The oath must substantially

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Nov 7, 2024 | Docket: 69351374

Published

is authorized and qualified to serve under section 733.305, Florida Statutes. The oath must substantially

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

laws of Florida as a business entity under section 733.305, Florida Statutes, or, if an individual, that

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

§ 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. Trust companies and other corporations

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

laws of Florida as a business entity under section 733.305, Florida Statutes, or as an individual under

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

laws of Florida as a business entity under section 733.305, Florida Statutes, or as an individual under

In re Amendments to the Florida Probate Rules

123 So. 3d 31, 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235089

Published

§ 733.303, Fla. Stat. Persons not qualified. § 733.305, Fla. Stat. Trust companies and other corporations

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

§ 733.303, Fla. Stat. Persons not qualified. § 733.305, Fla. Stat. Trust companies and other corporations

Amendments to the Florida Probate Rules

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

qualified. § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. Trust companies and other corporations

Amendments to the Florida Probate Rules

824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Supreme Court of Florida | Filed: May 2, 2002 | Docket: 64817121

Published

qualified. § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. Trust companies and other corporations

First Union National Bank, N.A. v. Jones

732 So. 2d 495, 1999 Fla. App. LEXIS 6801, 1999 WL 333123

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 64788227

Published

be the PR. First Union argued that although section 733.305(2) allows the court to remove a PR once appointed

DiDiego v. Crockett, Franklin & Chasen, P.A.

687 So. 2d 943, 1997 Fla. App. LEXIS 998

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 64771085

Published

the personal representative of the estate. Section 733.305, Florida Statutes (1993), only allows corporations

In re Amendments to the Florida Probate Rules

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

qualified. § 733.304, Fla.Stat. Nonresidents. § 733.305, Fla.Stat. Trust companies and other corporations

Florida Bar

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

representative. F.S. 733.303 Persons not qualified. F.S. 733.305 Trust companies and other corporations and associations

Florida Bar

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

representative. F.S. 733.303 Persons not qualified. F.S. 733.305 Trust companies and other corporations and associations

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

representative. F.S. 733.303 Persons not qualified. F.S. 733.305 Trust companies and other corporations and associations