The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 731
PROBATE CODE: GENERAL PROVISIONS

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F.S. 731.303

731.303 Representation.—In the administration of or in judicial proceedings involving estates of decedents, the following apply:

(1) Persons are bound by orders binding others in the following cases:

(a)1. Orders binding the sole holder or all coholders of a power of revocation or a general, special, or limited power of appointment, including one in the form of a power of amendment or revocation to the extent that the power has not become unexercisable in fact, bind all persons to the extent that their interests, as persons who may take by virtue of the exercise or nonexercise of the power, are subject to the power.

2. Subparagraph 1. does not apply to:

a. Any matter determined by the court to involve fraud or bad faith by the trustee;

b. A power of a trustee to distribute trust property; or

c. A power of appointment held by a person while the person is the sole trustee.

(b) To the extent there is no conflict of interest between them or among the persons represented:

1. Orders binding a guardian of the property bind the ward.

2. Orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will, in establishing or adding to a trust, in reviewing the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties. However, for purposes of this section, a conflict of interest shall be deemed to exist when each trustee of a trust that is a beneficiary of the estate is also a personal representative of the estate.

3. Orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate, in actions or proceedings by or against the estate.

(c) An unborn or unascertained person, or a minor or any other person under a legal disability, who is not otherwise represented is bound by an order to the extent that person’s interest is represented by another party having the same or greater quality of interest in the proceeding.

(2) Orders binding a guardian of the person shall not bind the ward.

(3) In proceedings involving the administration of estates, notice is required as follows:

(a) Notice as prescribed by law shall be given to every interested person, or to one who can bind the interested person as described in paragraph (1)(a) or paragraph (1)(b). Notice may be given both to the interested person and to another who can bind him or her.

(b) Notice is given to unborn or unascertained persons who are not represented pursuant to paragraph (1)(a) or paragraph (1)(b) by giving notice to all known persons whose interests in the proceedings are the same as, or of a greater quality than, those of the unborn or unascertained persons.

(4) If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time, appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, or a person whose identity or address is unknown. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.

(5) The holder of a power of appointment over property not held in trust may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. Representation under this subsection does not apply to:

(a) Any matter determined by the court to involve fraud or bad faith by the trustee;

(b) A power of a trustee to distribute trust property; or

History.—s. 1, ch. 74-106; s. 7, ch. 75-220; s. 5, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 88-217; s. 3, ch. 92-200; s. 951, ch. 97-102; s. 13, ch. 2001-226; s. 3, ch. 2002-82; s. 3, ch. 2003-154; s. 30, ch. 2006-217; s. 9, ch. 2007-153.

F.S. 731.303 on Google Scholar

F.S. 731.303 on Casetext

Amendments to 731.303

Arrestable Offenses / Crimes under Fla. Stat. 731.303

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 731.303.

Annotations, Discussions, Cases:

Cases from cite.case.law:

S. TAPLIN, v. W. TAPLIN,, 88 So. 3d 344 (Fla. Dist. Ct. App. 2012)

. . . him or if, being a minor or disabled person, it is received by his representative as described in s. 731.303 . . .

KIRTON, v. FIELDS, v. H. v., 997 So. 2d 349 (Fla. 2008)

. . . domain proceedings); § 390.01115(4)(a) (termination of pregnancy without parental notification); § 731.303 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and includes some of . . . notes. 1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.303 . . . Capacity; appointment of guardian advocate. § 731.303, Fla. Stat. Representation. § 733.308, Fla. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and includes some of . . . notes. 1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.303 . . . Statutory References § 731.303, Fla. Stat. Representation. § 733.308, Fla. Stat. . . . Waiver and consent by interested person. § 731.303, Fla. Stat. Representation. § 733.6171, Fla. . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. PETERSEN Dr. M., 920 So. 2d 75 (Fla. Dist. Ct. App. 2006)

. . . Section 731.303(4), Florida Statutes (2004), provides that, in probate proceedings, “[i]f the court determines . . .

DELPA, INC. v. MARTINEZ,, 878 So. 2d 455 (Fla. Dist. Ct. App. 2004)

. . . suggested that the court could appoint a guardian ad litem for this mentally competent adult under section 731.303 . . . However, section 731.303 governs representation "in judicial proceedings involving estates of decedents . . . counsel conceded, he had never complied with those procedural safeguards that are also part of section 731.303 . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and includes some of . . . Statutory References § 731.303, Fla. Stat. Representation. § 733.308, Fla. Stat. . . . Waiver and consent by interested person. § 731.303, Fla. Stat. Representation. § 733.6171, Fla. . . .

ALL CHILDREN S HOSPITAL, INC. St. St. s v. H. OWENS,, 754 So. 2d 802 (Fla. Dist. Ct. App. 2000)

. . . See generally, § 731.303(2)(b)(3), Fla. Stat. (1993). . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 731.303, Fla.Stat. Representation. § 733.6171, Fla.Stat. . . .

S. CLARRY, G. B. P. v. UNITED STATES F. Pe a, R. B., 85 F.3d 1041 (2d Cir. 1996)

. . . . § 731.303. . . . Finally, the plaintiffs argue that 5 C.F.R. § 731.303 conferred upon them a constitutionally protected . . . Nevertheless, the plaintiffs claim that 5 C.F.R. § 731.303 conferred upon them a property interest in . . . The Seventh Circuit in Dehainaut held that, even if § 731.303 applies a more lenient policy than that . . . Section 731.303 was amended in 1991 and now appears, as amended, at § 731.304. . . .

S. CLARRY, G. B. P. v. UNITED STATES F. R. B., 891 F. Supp. 105 (E.D.N.Y. 1995)

. . . . § 731.303 the PAT-CO strikers were barred from any federal employment for three years. . . . This claim of entitlement, they argue, stemmed from an OPM regulation, 5 C.F.R. § 731.303, that provides . . . The three-year disbarment policy of 5 C.F.R. § 731.303 is not controlling, and in any event, was superseded . . . Therefore plaintiffs’ arguments that the OPM violated the employment regulations embodied in 5 C.F.R. 731.303 . . . because, as discussed supra, in light of 5 U.S.C. § 7311, the OPM’s regulations set out in 5 C.F.R. § 731.303 . . .

YOUNG, v. ST. VINCENT S MEDICAL CENTER, INC. d b a St. s d b a, 653 So. 2d 499 (Fla. Dist. Ct. App. 1995)

. . . performance of an abortion in the third trimester of pregnancy other than in a hospital, and in section 731.303 . . .

DEHAINAUT, v. PENA,, 32 F.3d 1066 (7th Cir. 1994)

. . . . § 731.303. . . . They point to 5 C.F.B. § 731.303 as the source of the three-year limitation and allege that the presidential . . . Even if an existing regulation, such as 5 C.F.R. § 731.303, applies a more lenient policy than that allowed . . .

NATIONAL TREASURY EMPLOYEES UNION L. v. U. S. DEPARTMENT OF THE TREASURY, U. S. U. S., 25 F.3d 237 (5th Cir. 1994)

. . . . § 731.303. . . .

S. WILLIAMS a k a S. v. NORTHERN TRUST BANK OF FLORIDA SARASOTA, N. A., 819 F. Supp. 1042 (M.D. Fla. 1993)

. . . ) Upon reasonable request, the trustee shall provide a beneficiary as defined under ss. 731.201 and 731.303 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . notes. 1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.303 . . . Statutory References § 731.303, Fla.Stat. Representation. § 733.308, Fla.Stat. . . . Waiver and consent by interested person. § 731.303, Fla.Stat. Representation. 733.901, Fla.Stat. . . .

PAYETTE, v. W. CLARK, W. E. S. I. I. O., 559 So. 2d 630 (Fla. Dist. Ct. App. 1990)

. . . . § 731.303(4)(a), Fla.Stat. (1987). . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . This rule implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.391, and includes some of the provisions . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . This rule implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.391, and includes some of the provisions . . .

K. KORTE, v. OFFICE OF PERSONNEL MANAGEMENT,, 797 F.2d 967 (Fed. Cir. 1986)

. . . . § 731.303 for his assertion of a period of debarment limited to three years. . . .

PERRY, v. FEDERAL BUREAU OF INVESTIGATION,, 759 F.2d 1271 (7th Cir. 1985)

. . . . § 731.303 (1984). . . .

A. GRIFFIN, P. Jr. J. Co- L. v. M. GRIFFIN, L., 463 So. 2d 569 (Fla. Dist. Ct. App. 1985)

. . . Appel-lee relies on Section 731.303(2)(b), Florida Statutes (1979), to support her theory that the appellee-guardian . . . herein necessitate this paragraph on behalf of the Minor income beneficiary, (emphasis supplied) . § 731.303 . . .

COMMUNITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF PALM BEACHES, v. L. WRIGHT, W. Jr., 452 So. 2d 638 (Fla. Dist. Ct. App. 1984)

. . . Although section 731.303(2)(b)(l) provides that, to the extent there is no conflict of interest between . . .

FLORIDA FIRST NATIONAL BANK OF JACKSONVILLE, v. W. BAGLEY, 508 F. Supp. 8 (M.D. Fla. 1980)

. . . The suit was filed pursuant to Sections 737.201 et seq., 731.303 and 86.-041, Florida Statutes requesting . . .

M. LARRY, v. E. LAWLER, L. B. Lt. E., 605 F.2d 954 (7th Cir. 1978)

. . . . § 731.303. Debarment. . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . This rule implements FPC 731.303(5), FPC 733.308, and FGL 744.391, and includes some of the provisions . . . Implements FPC 731.108, FPC 731.302, FPC 731.303, and FGL 744.106 and 744.-301(1). . . .

M. LARRY, v. E. LAWLER, U. S., 413 F. Supp. 185 (N.D. Ill. 1976)

. . . . § 731.303. Finally, the agency decision has not, and will not, be made public. . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . Committee Note: This rule implements FPC 731.303(5), FPC 733.308 and FGL 744.318 and includes some of . . . Committee Note: This is a new rule implementing FPC 731.303. PROPOSED RULE RULE 5.180. . . . Committee Note: Implements FPC 731.108, FPC 731.302 and FPC 731.303 and FGL 744.106. . . . See also FPC 731.303 and new PGR 5.175 Virtual And Other Representation. Sub (i): None. . . .