Florida Probate: What is the Oath of Personal Representative?

Summary:

In this document, the person requesting to be appointed personal representative swears or affirms that they are qualified to serve as personal representative and they will faithfully administer the probate estate according to the Florida Statutes.

Rule:

Rule 5.320, Florida Probate Rules. Oath of Personal Representative.

Before the granting of letters of administration, the personal representative shall file an oath to faithfully administer the estate of the decedent. The oath shall 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 shall substantially comply with the following form:

Sample Oath of Personal Representative

[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 one 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 ____________________________

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Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.

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