Florida Probate Rule 5.235
Issuance of Letters, Bond
- (a)Appointment of Personal Representative. After the petition for administration is filed and the will, if any, is admitted to probate:
- (1)the court shall appoint the person entitled and qualified to be personal representative;
- (2)the court shall determine the amount of any bond required. The clerk may approve the bond in the amount determined by the court; and
- (3)any required oath or designation of, and acceptance by, a resident agent shall be filed.
- (1)
- (b)Issuance of Letters. Upon compliance with all of the foregoing, letters shall be issued to the personal representative.
- (c)Bond. 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 personal representative or curator to give bond, increase or decrease the bond, or require additional surety.
Notes
Committee Notes
This rule represents a rule implementation of the procedure formerly found in sections 733.401 and 733.403(2), Florida Statutes, both of which were repealed in 2001. It is not intended to change the effect of the statutes from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure.
Rule History
- 1988
- New rule.
- 1992
- Editorial changes. Committee notes revised. Citation form changes in committee notes.
- 1996
- Mandate in subdivision (a)(2) prohibiting charge of service fee by clerk deleted. Statutory references added.
- 2003
- Committee notes revised.
- 2010
- Committee notes revised.
References
Statutory References
- § 28.24(19), Fla. Stat. Service charges by clerk of the circuit court.
- § 28.2401, Fla. Stat. Service charges in probate matters.
- § 733.402, Fla. Stat. Bond of fiduciary; when required; form.
- § 733.403, Fla. Stat. Amount of bond.
- § 733.405, Fla. Stat. Release of surety.
- § 733.501, Fla. Stat. Curators.
Rule References
- Fla. Prob. R. 5.110 Address designation for personal representative or guardian; designation of resident agent and acceptance.
- Fla. Prob. R. 5.122 Curators.
- Fla. Prob. R. 5.320 Oath of personal representative.
