CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. *970 §
733.305, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...95-2713, 95-1950). Comprehensive Was Not Qualified To Serve as Personal Representative The very appointment of Comprehensive as personal representative was improper, as Comprehensive was not legally qualified to serve as the personal representative of the estate. Section 733.305, Florida Statutes (1993), only allows corporations to serve as personal representatives of an estate when they are trust companies, banking corporations, savings associations, and savings and loan associations. § 733.305(1), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...§
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. *210 §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...erson sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as section
733.202, Florida Statutes, and implementing sections
733.301 through
733.305, Florida Statutes....
...§
733.202, Fla. Stat. Petition. §
733.301, Fla. Stat. Preference in appointment of personal representative. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.304, Fla. Stat. Nonresidents. §
733.305, Fla....
...§
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...§
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...tive statement that the person sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as F.S.
733.202, and implementing F.S.
733.301 through
733.305....
...733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters. F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified. F.S.
733.305 Trust companies and other corporations and associations....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Committee Notes 1977 Revision: Addition to (b)(5) to require an affirmative statement that the person sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as F.S.
733.202, and implementing F.S.
733.301 through
733.305....
...733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters. F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified. F.S.
733.305 Trust companies and other corporations and associations....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064
...o & I© 2 o s o CO 3 F OO S’ CO CO §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...ht to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as F*S* section
733.202, Florida Statutes, and implementing F*S* sections
733.301 through
733.305^ Florida Statutes....
...Statutory References §
731.301, Fla.Stat. Notice; method and time; proof.
733.202, Fla.Stat. Petition. §
733.302, Fla.Stat. Who may be appointed personal representative. §
733.303, Fla.Stat. Persons not qualified. §
733.304, Fla.Stat. Nonresidents. §
733.305, Fla.Stat....
...§
733.212, Fla.Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla.Stat. Adjudication before issuance of letters. §
733.302, Fla.Stat. Who may be appointed personal representative. §
733.303, Fla.Stat. Persons not qualified. §
733.305, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...733.109 Revocation of probate. F.S.
733.212 Notice of administration; filing of objections and claims. *1093 F.S.
733.2123 Adjudication before issuance of letters. F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified. F.S.
733.305 Trust companies and other corporations and associations....
CopyPublished | Supreme Court of Florida
...administer the estate of the decedent.
(a) Oath of Personal Representative; Entity. For a trust
company, corporation, association, or other entity, the oath must
also contain a statement that the personal representative is
authorized and qualified to serve under section 733.305, Florida
Statutes....
...1. I am of , a:
Trust company incorporated under the laws of
Florida;
State banking corporation authorized and qualified
to exercise fiduciary powers in Florida under section 733.305,
Florida Statutes;
State savings corporation authorized and qualified
to exercise fiduciary powers in Florida under section 733.305,
Florida Statutes;
National banking association authorized and
qualified to exercise fiduciary powers in Florida under section
733.305, Florida Statutes; or
-4-
Federal savings and loan associations authorized
and qualified to exercise fiduciary powers in Florida under section
733.305, Florida Statutes;
and I am authorized to make this oath on behalf of the entity.
2....
...onal
representatives. Committee notes revised.
Statutory References
§
733.302, Fla. Stat. Who may be appointed personal
representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.304, Fla. Stat. Nonresidents.
§
733.305, Fla....
CopyPublished | Supreme Court of Florida
...PETITION FOR ADMINISTRATION
The petition for administration shall be verified by the
petitioner and shall contain:
(a) - (j) [No Change]
(k) a statement that the personal representative seeking
appointment is qualified to serve under the laws of Florida as a
business entity under section 733.305, Florida Statutes, or, if an
individual, that the person is qualified to serve under the laws of
Florida, including:
(1) [No Change]
(2) whether the person has been convicted in any state
or foreign jurisdi...
...Petition.
§
733.301, Fla. Stat. Preference in appointment of personal
representative.
§
733.302, Fla. Stat. Who may be appointed personal
representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.304, Fla. Stat. Nonresidents.
§
733.305, Fla....
CopyPublished | Supreme Court of Florida
...hether the person will be served with
formal notice. Additionally, the rule is amended to add a new subdivision (k) to
require a statement that the personal representative is qualified to serve under the
laws of Florida as a business entity under section
733.305, Florida Statutes, or as
an individual under sections
733.303 and
733.304, Florida Statutes.
Rule 5.275 (Burden of Proof in Will Contests) is amended to correspond to
legislative changes in section
733.107, Florida Statutes....
...l, the original of which is in the
possession of a foreign notary, accompanies the petition.; and
(k) a statement that the personal representative seeking appointment is
qualified to serve under the laws of Florida as a business entity under section
733.305, Florida Statutes, or, if an individual, that the person is qualified to serve
under the laws of Florida, including:
(1) whether the person has been convicted of a felony;
(2) that the person is mental...
...Notice of administration; filing of objections.
§
733.2123, Fla. Stat. Adjudication before issuance of letters.
§
733.302, Fla. Stat. Who may be appointed personal representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.305, Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 6801, 1999 WL 333123
...d for its own appointment. First Union argued that it was entitled to appointment as the PR because it was the successor in interest to Florida Nation *496 al Bank, which had been designated in the will to be the PR. First Union argued that although section 733.305(2) allows the court to remove a PR once appointed, federal law preempts Florida law to the extent that such a successor banking corporation so entitled may not thereafter be removed....
...olute right to the appointment. The court refused to appoint First Union because it found that the bank had mishandled the decedent’s estate by delaying distribution and liquidating stocks and bonds without notifying the beneficiaries. We reverse. Section 733.305(2) provides: “When a qualified corporation has been named as a personal representative in a will and thereafter 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, and the court may issue letters to the successor corporation unless the will provides otherwise.” § 733.305(2), Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...erson sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as section
733.202, Florida Statutes, and implementing sections
733.301 through
733.305, Florida Statutes....
...Statutory References §
731.301, Fla. Stat. Notice; — method: and time;--proof §
733.202, Fla. Stat. Petition. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.304, Fla. Stat. Nonresidents. §
733.305, Fla....
...§
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...erson sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as section
733.202, Florida Statutes, and implementing sections
733.301 through
733.305, Florida Statutes....
...§
733.202, Fla. Stat. Petition. §
733.301, Fla. Stat. Preference in appointment of personal representative. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.304, Fla. Stat. Nonresidents. §
733.305, Fla....
...§
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla....
...1996 Revision: Adds filing and service provisions consistent with rule 5.560. Corrects reference to corporations qualified to exercise fiduciary powers. Editorial changes. Adds statutory references. 2003 Revision: Committee notes revised. Statutory References § 733.305(-l-X-Fla....
CopyPublished | Supreme Court of Florida
...Petition.
§
733.301, Fla. Stat. Preference in appointment of personal representative.
§
733.302, Fla. Stat. Who may be appointed personal representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.304, Fla. Stat. Nonresidents.
§
733.305, Fla....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 998
the personal representative of the estate. Section
733.305, Florida Statutes (1993), only allows corporations
CopyPublished | Supreme Court of Florida
...hether the person will be served with
formal notice. Additionally, the rule is amended to add a new subdivision (k) to
require a statement that the personal representative is qualified to serve under the
laws of Florida as a business entity under section
733.305, Florida Statutes, or as
an individual under sections
733.303 and
733.304, Florida Statutes.
-4-
Rule 5.275 (Burden of Proof in Will Contests) is amended to correspond to
legislative changes in section
733.107, Florida Statutes....
...l, the original of which is in the
possession of a foreign notary, accompanies the petition.; and
(k) a statement that the personal representative seeking appointment is
qualified to serve under the laws of Florida as a business entity under section
733.305, Florida Statutes, or, if an individual, that the person is qualified to serve
under the laws of Florida, including:
(1) whether the person has been convicted of a felony;
(2) that the person is mental...
...Notice of administration; filing of objections.
§
733.2123, Fla. Stat. Adjudication before issuance of letters.
§
733.302, Fla. Stat. Who may be appointed personal representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.305, Fla....
CopyPublished | Supreme Court of Florida
...administer the estate of the decedent.
(a) Oath of Personal Representative; Entity. For a trust
company, corporation, association, or other entity, the oath must
also contain a statement that the personal representative is
authorized and qualified to serve under section 733.305, Florida
Statutes....
...1. I am of , a:
Trust company incorporated under the laws of
Florida;
State banking corporation authorized and qualified
to exercise fiduciary powers in Florida under section 733.305,
Florida Statutes;
State savings corporation authorized and qualified
to exercise fiduciary powers in Florida under section 733.305,
Florida Statutes;
National banking association authorized and
qualified to exercise fiduciary powers in Florida under section
733.305, Florida Statutes; or
-4-
Federal savings and loan association authorized and
qualified to exercise fiduciary powers in Florida under section
733.305, Florida Statutes;
and I am authorized to make this oath on behalf of the entity.
2....
...onal
representatives. Committee notes revised.
Statutory References
§
733.302, Fla. Stat. Who may be appointed personal
representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.304, Fla. Stat. Nonresidents.
§
733.305, Fla....
