Florida Statute 733.3101 - 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

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F.S. 733.3101

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

Angelus v. Pass

868 So. 2d 571, 2004 WL 305793

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1510613

Cited 2 times | Published

representative is not qualified to serve. See also § 733.3101, Fla. Stat. (2003). Rule 5.310 specifically states:

In Re: Amendments to Florida Probate Rules

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

Published

and other corporations and associations. § 733.3101, Fla. Stat. Personal representative not qualified

In Re: Amendments to Florida Probate Rules

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

Published

and other corporations and associations. § 733.3101, Fla. Stat. Personal representative not qualified

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

181 So. 3d 480, 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021

Supreme Court of Florida | Filed: Dec 17, 2015 | Docket: 3022132

Published

ch.2015-27, § 4, Laws of Fla. (amending section 733.3101, Florida Statutes, to require the personal

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

Committee notes revised. Statutory References § 733.3101, Fla. Stat. Personal representative not qualified

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

Committee notes revised. Statutory References § 733.3101, Fla. Stat. Personal representative not qualified

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

Committee Notes Notification under this rule or section 733.3101, Florida Statutes, does not automatically