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The Florida Statutes

The 2018 Florida Statutes

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.