§ 733.3101, Fla. Stat. · Part III. PREFERENCE IN APPOINTMENT ANDQUALIFICATIONS OFPERSONAL REPRESENTATIVE
Personal representative not qualified.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 105, ch. 2001-226; s. 4, ch. 2015-27.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html
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- sha256 b38cfb14c827a57e3e5e3d213877823c1c98493a9768cd37c054c9b4cb9b137e
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
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