Florida § 733.3101 - Personal representative not qualified.
Full text of Florida Florida Statutes § 733.3101 — Personal representative not qualified., with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Florida § 733.3101
What does Florida Statutes § 733.3101 cover?
Section 733.3101 ("Personal representative not qualified.") is part of the Florida Statutes, the codified statutory law of Florida. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Florida § 733.3101?
A common citation format is "Florida Statutes § 733.3101" (Florida). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Florida law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Florida official source linked on this page or consult a licensed Florida attorney.
How does Florida § 733.3101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Florida can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Florida.