- For Attorneys
The following are Florida statutes:
733.402 Bond of fiduciary; when required; form. —
(1) Unless the bond requirement has been waived by the will
or by the court, every fiduciary to whom letters are granted
shall execute and file a bond with surety, as defined in
s. 45.011, to be approved by the clerk without a service
fee. The bond shall be payable to the Governor and the
Governor's successors in office, conditioned on the
performance of all duties as personal representative
according to law. The bond must be joint and several.
(2) No bond shall be void or invalid because of an
informality in it or an informality or illegality in the
appointment of the fiduciary. The bond shall have the same
force as if the appointment had been legally made and the
bond executed in proper form.
(3) The requirements of this section shall not apply to
banks and trust companies authorized by law to act as
(4) 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 bond, increase or decrease the bond, or
require additional surety.
45.011 Definitions. —
In all statutes about practice and procedure "plaintiff"
means any party seeking affirmative relief whether
plaintiff, counterclaimant, cross-claimant; or third-party
plaintiff, counterclaimant or cross-claimant; "defendant"
means any party against whom such relief is sought; "bond
with surety" means a bond with two good and sufficient
sureties, each with unencumbered property not subject to any
exemption afforded by law equal in value to the penal sum of
the bond or a bond with a licensed surety company as surety
or a cash deposit conditioned as for a bond.
733.403 Amount of bond. —
All bonds required by this part shall be in the penal sum
that the court deems sufficient after consideration of the
gross value of the estate, the relationship of the personal
representative to the beneficiaries, exempt property and any
family allowance, the type and nature of assets, known
creditors, and liens and encumbrances on the assets.
733.404 Liability of surety. —
No surety for any personal representative or curator shall
be charged beyond the value of the assets of an estate
because of any omission or mistake in pleading or of false
pleading of the personal representative or curator.
733.405 Release of surety. —
(1) Subject to the limitations of this section, on the
petition of any interested person, the surety is entitled to
be released from liability for the future acts and omissions
of the fiduciary.
(2) Pending the hearing of the petition, the court may
restrain the fiduciary from acting, except to preserve the
(3) On hearing, the court shall enter an order prescribing
the amount of the new bond for the fiduciary and the date
when the bond shall be filed. If the fiduciary fails to give
the new bond, the fiduciary shall be removed at once, and
further proceedings shall be had as in cases of removal.
(4) The original surety shall remain liable in accordance
with the terms of its original bond for all acts and
omissions of the fiduciary that occur prior to the approval
of the new surety and filing and approval of the bond. The
new surety shall be liable on its bond only after the filing
and approval of the new bond.
733.406 Bond premium allowable as expense of administration.
A personal representative or other fiduciary required to
give bond shall pay the reasonable premium as an expense of