Fl. Prob. R. 5.320

As amended through January 1, 2025

Rule 5.320 - OATH OF PERSONAL REPRESENTATIVE

Before the granting of letters of administration, the prospective personal representative must file an oath to faithfully administer the estate of the decedent.

(a) Oath of Personal Representative; Entity. For a trust company, corporation, association, or other entity, the oath must also contain a statement that the personal representative is authorized and qualified to serve under section 733.305, Florida Statutes. The oath must substantially comply with the following form.

[CAPTION]

OATH OF PERSONAL REPRESENTATIVE

STATE OF ____________

COUNTY OF ___________

I, ____________, (affiant), state under oath that:

1. I am _________ of ___________, a:

_____ Trust company incorporated under the laws of Florida;

_____ State banking corporation authorized and qualified to exercise fiduciary powers in Florida under section 733.305, Florida Statutes;

_____ State savings corporation authorized and qualified to exercise fiduciary powers in Florida under section 733.305, Florida Statutes;

_____ National banking association authorized and qualified to exercise fiduciary powers in Florida under section 733.305, Florida Statutes; or

_____ Federal savings and loan association authorized and qualified to exercise fiduciary powers in Florida under section 733.305, Florida Statutes;

and I am authorized to make this oath on behalf of the entity.

2. The entity's place of business is _________ and post office address is _______________.

3. The entity will faithfully administer the estate of the decedent according to law.

4. The entity will promptly file and serve a notice on all interested persons at any time the entity would not be qualified for appointment and will include the reason the entity would not then be qualified and the date on which the disqualifying event occurred.

5. The entity will file and serve a notice within 20 days on all interested persons, in the event there is a change in the entity's place of business or mailing address.

_______________

Affiant

Sworn to (or affirmed) and subscribed before me by means of ______ physical presence or online notarization, this ______ day of __________, 20 ___, by ____________ (name of person making statement).

_________________

Signature of Notary

Public-State of Florida

(Print, Type, or Stamp

Commissioned

Name of Notary Public)

Personally Known _________ or Produced Identification __________

Type of Identification Produced _____________________

(b) Oath of Personal Representative; Individual. For an individual, the oath must also contain a statement that the personal representative has reviewed the statutes relating to the requirements for appointment as personal representative, that the personal representative is qualified to serve, and that the personal representative has a continuing duty to file and serve a notice upon the occurrence of an event that would disqualify the personal representative. If the petition is verified by the prospective personal representative individually, the oath may be incorporated in the petition or in the designation of resident agent. The oath for an individual must substantially comply with the following form:

[CAPTION]

OATH OF PERSONAL REPRESENTATIVE

STATE OF __________

COUNTY OF __________

I, _________, (affiant), state under oath that:

1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of ________, deceased. I have reviewed the statutes and understand the qualifications. Under penalties of perjury, I certify that the following statements are true:

a. I am 18 years of age or older.

b. I have never been convicted of a felony.

c. I have never been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section 825.101, Florida Statutes.

d. I am mentally and physically able to perform the duties of personal representative.

e. I am a resident of the State of Florida, or, if I am not a resident of the State of Florida, I am:

_____ a legally adopted child or adoptive parent of the decedent;

_____ related by lineal consanguinity to the decedent; a spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or

_____ the spouse of a person otherwise qualified under 1 of the provisions above.

2. I will faithfully administer the estate of the decedent according to law.

3. My place of residence is ________, and my post office address is ________.

4. I will promptly file and serve a notice on all interested persons at any time I know that I would not be qualified for appointment and will include the reason I would not then be qualified and the date on which the disqualifying event occurred.

5. I will file and serve a notice within 20 days on all interested persons, in the event there is a change in my residence address, street address, or mailing address.

________

Affiant

Sworn to (or affirmed) and subscribed before me by means of _____physical presence or _______ online notarization, this _____ day of ________, 20__, by _____________________ (name of person making statement).

______________

Signature of Notary

Public-State of Florida

(Print, Type, or Stamp

Commissioned Name of Notary

Public)

Personally Known _______ or Produced Identification __________

Type of Identification Produced ____________________________

Fl. Prob. R. 5.320

Amended by 49 FLW S274, effective 1/1/2025; amended by 2021 WL 5121143, effective 11/4/2021; amended by 287 So.3d 492, effective 1/1/2020; amended by 344 So.2d 828, effective 7/1/1977; amended by 324 So.2d 38, effective 1/1/1976; adopted by 201 So. 2d 409, effective 1/1/1968.

Committee Notes

It is contemplated the oath may be signed concurrently with the petition for administration and will be valid even if it predates the order appointing the personal representative.

Rule History

1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering.

This rule establishes the uniform requirement for an oath of faithful performance of fiduciary duties within the permissiveness of section 733.401(1)(d), Florida Statutes. Should be taken together with new rule 5.110, Resident Agent.

1988 Revision: Committee notes expanded. Citation form changes in committee notes.

1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes.

2003 Revision: Committee notes revised.

2019 Revision: Amended the rule to conform the oath to statutory changes and to provide a proposed form for the oath of personal representative. The oath is expanded to address the qualifications and continuing duties of the personal representative.

2021 Revision: Form Oath amended to require a statement that the personal representative has never been convicted of abuse, neglect, or exploitation of an elderly or disabled adult and to revise notary block for compliance with revised section 117.05, Florida Statutes.

2024 Revision: Rule was amended to distinguish between the oath requirements for corporate and individual personal representatives. Committee notes revised.

Statutory References

§ 733. 302, Fla. Stat. Who may be appointed personal representative.

§ 733. 303, Fla. Stat. Persons not qualified.

§ 733. 304, Fla. Stat. Nonresidents.

§ 733. 305, Fla. Stat. Trust companies and other corporations and associations.

§ 733. 3101, Fla. Stat. Personal representative not qualified.

§ 825. 101, Fla. Stat. Definitions.

Rule References

Fla. Prob. R. 5.110 Address designation for personal representative or guardian; designation of resident agent and acceptance.

Fla. Prob. R. 5.235 Issuance of letters, bond.