Florida Statute 733.402 - 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. 733.402

733.402 Bond of fiduciary; when required; form.—

(1) Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety, as defined in s. 45.011, to be approved by the clerk without a service fee. The bond shall be payable to the Governor and the Governor’s successors in office, conditioned on the performance of all duties as personal representative according to law. The bond must be joint and several.

(2) No bond shall be void or invalid because of an informality in it or an informality or illegality in the appointment of the fiduciary. The bond shall have the same force as if the appointment had been legally made and the bond executed in proper form.

(3) The requirements of this section shall not apply to banks and trust companies authorized by law to act as personal representative.

(4) On petition by any interested person or on the court’s own motion, the court may waive the requirement of filing a bond, require a bond, increase or decrease the bond, or require additional surety.

History.—s. 1, ch. 74-106; s. 67, ch. 75-220; s. 24, ch. 77-87; s. 1, ch. 77-174; s. 992, ch. 97-102; s. 107, ch. 2001-226.

Note.—Created from former s. 732.61.

F.S. 733.402 on Google Scholar

F.S. 733.402 on CourtListener

Amendments to 733.402

Annotations, Discussions, Cases:

Cases Citing Statute 733.402

Total Results: 7

In Re Estate of Miller

568 So. 2d 487, 1990 WL 154776

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 533369

Cited 4 times | Published

then required him to post a bond pursuant to Section 733.402, Florida Statutes (1989), even though the testator

Estate of Fernandez

335 So. 2d 829

Supreme Court of Florida | Filed: Jul 21, 1976 | Docket: 1711295

Cited 2 times | Published

Farm Ins. Co., 296 So.2d 9 (Fla. 1974). [4] § 733.402(1), Fla. Stat. (1975). [5] 403 U.S. at 372, 91

In Re Amendments to the Florida Probate Rules

50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

Fla. Stat. Service charges in probate matters. § 733.402, Fla. Stat. Bond of fiduciary; when required;

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 § 733.402, Fla. Stat. Bond of fiduciary; when required;

Smith v. Miller

568 So. 2d 487, 1990 Fla. App. LEXIS 7894

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 64653813

Published

then required him to post a bond pursuant to Section 733.402, Florida Statutes (1989), even though the testator

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

References F.S. 733.401 Issuance of letters. F.S. 733.402 Bond of personal representative; when required;

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

References F.S. 733.401 Issuance of letters. F.S. 733.402 Bond of personal representative; when required;