Florida Probate Rule 5.310

Disqualification of Personal Representative; Notification

Text of the rules effective October 1, 2026.

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 on all interested persons a notice stating:

  1. (a)
    the reason(s) the personal representative would not be qualified for appointment if application for appointment were then made and the date on which the disqualifying event occurred; and
  2. (b)
    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.

Notes

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
This is same as old rule 5.220 and old section 732.47(3), Florida Statutes. The rule sets forth the imperative need for timely action and the inherent responsibility of a fiduciary to effect orderly succession. It further implies the inherent jurisdiction of the court to control by judicial overview the succession.
1977
Citation form change in committee note.
1988
Committee notes revised. Citation form changes in committee notes.
1992
Editorial changes to clarify rule. Committee notes revised. Citation form changes in committee notes.
2002
Rule amended to implement procedures found in section 733.3101, Florida Statutes. Committee notes revised.
2015
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. Citation revised in committee notes. Committee notes revised.

References

Statutory References

  • § 731.301, Fla. Stat. Notice.
  • § 733.302, Fla. Stat. Who may be appointed personal representative.
  • § 733.303, Fla. Stat. Persons not qualified.
  • § 733.3101, Fla. Stat. Personal representative not qualified.
  • § 733.502, Fla. Stat. Resignation of personal representative.
  • § 733.504, Fla. Stat. Removal of personal representative; causes for removal.
  • § 733.505, Fla. Stat. Jurisdiction in removal proceedings.
  • § 733.506, Fla. Stat. Proceedings for removal.

Rule References