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Florida Statute 733.3101 - Full Text and Legal Analysis
Florida Statute 733.3101 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
733.3101 Personal representative not qualified.—
(1) A personal representative shall resign immediately if the personal representative knows that he or she was not qualified to act at the time of appointment.
(2) Any time a personal representative, who was qualified to act at the time of appointment, knows that he or she would not be qualified for appointment if application for appointment were then made, the personal representative shall promptly file and serve a notice setting forth the reasons. The personal representative’s notice shall state that any interested person may petition to remove the personal representative. An interested person on whom a copy of the personal representative’s notice is served may file a petition requesting the personal representative’s removal within 30 days after the date on which such notice is served.
(3) A personal representative who fails to comply with this section shall be personally liable for costs, including attorney fees, incurred in any removal proceeding if the personal representative is removed. This liability extends to a personal representative who does not know, but should have known, of the facts that would have required him or her to resign under subsection (1) or to file and serve notice under subsection (2). This liability shall be cumulative to any other provided by law.
(4) As used in this section, the term “qualified” means that the personal representative is qualified under ss. 733.302-733.305.
History.—s. 105, ch. 2001-226; s. 4, ch. 2015-27.

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Amendments to 733.3101


Annotations, Discussions, Cases:

Cases Citing Statute 733.3101

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Angelus v. Pass, 868 So. 2d 571 (Fla. 3d DCA 2004).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2004 WL 305793

...ments of Section 733.304 *573 and Florida Probate Rule 5.310. Florida Probate Rule 5.310 places the burden on the personal representative, as a fiduciary, to provide notice in the event the personal representative is not qualified to serve. See also § 733.3101, Fla....
...The legislature has enacted separate and distinct statutes dealing with the commencement of administration, and with the qualifications required of a personal representative. There is no time limit specified by the qualifications statutes. See §§ 733.304, 733.3101, Fla....
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In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

...2002 Revision: Implements procedures for interim accountings and accountings by resigning or removed fiduciaries. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Verification requirement added as new (h). Committee notes revised. Statutory References § 733.3101, Fla....
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In Re: Amendments to Florida Prob. Rules (Fla. 2024).

Published | Supreme Court of Florida

...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. Stat. Trust companies and other corporations and associations. § 733.3101, Fla....
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Amendments to the Florida Prob. Rules, 824 So. 2d 849 (Fla. 2002).

Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

...then made and the date on which the disqualifying event occurred. *860 The personal representative’s notice shall state that any interested person may petition to remove the personal representative. Committee Notes Notification under this rule or section 733.3101, Florida Statutes, does not automatically affect the authority of the personal representative to act....
...1988 Revision: Committee notes revised. Citation form changes in committee notes. 1992 Revision: Editorial changes to clarify rule. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Rule amended to implement procedures found in section 733.3101, Florida Statutes....
...*864 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Implements procedures for interim accountings and accountings by resigning -or removed fiduciaries. Committee notes revised. Statutory References § 733.3101, Fla....
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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Committee notes revised. Citation form changes in committee notes. 2002 Revision: Implements procedures for interim accountings and accountings by resigning or removed fiduciaries. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 733.3101, Fla....
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In Re Amendments to the Florida Prob. Rules, 181 So. 3d 480 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021

...As amended, rule 5.310 requires that a personal representative, who was qualified at the time of the appointment, but who knows that he or she would not be qualified if the appointment were then made, to promptly file and serve notice on interested persons. See ch. 2015-27, § 4, Laws of Fla. (amending section 733.3101, Florida Statutes, to require the personal representative to resign immediately if the personal representative knows that he or she was not qualified to act at the time of the appointment, and to outline the notice requirements wh...
...e shall state that any interested person may file a petition to remove the personal representative within 30 days after the date on which such notice is served. Committee Notes Notification under this rule or section 733.3101(2), Florida Statutes, does not automatically affect the authority of the personal representative to act....
...The personal representative may resign or interested persons or the court must act to remove the personal representative. Rule History 1975 – 2002 Revisions [No Change] 2015 Revision: Rule amended to conform to amendment to section 733.3101, Florida Statutes, which modifies the substance and procedure for the disqualification of a personal representative....
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In Re: Amendments to Florida Prob. Rules (Fla. 2024).

Published | Supreme Court of Florida

...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. Stat. Trust companies and other corporations and associations. § 733.3101, Fla....