Common Probate Orders

Order Admitting Will

If the court grants the petition for administration and the petitioner proves the will’s execution satisfactorily, an order admitting the will to probate is entered. This order acknowledges the deceased’s will and mandates the issuance of letters to the personal representative upon taking an oath of office. It also stipulates that filing the designation and acceptance of a resident agent is a prerequisite to issuing the letters. If a bond is necessary for the personal representative, the order will specify the initial bond amount. Conversely, if a bond is not required, the court either omits any reference to bond in the order or writes “none” or “waived” in the order of probate on the line provided for the bond amount.

Order Appointing Personal Representative

An order appointing a personal representative is entered when the person named in the Will or, if there’s no Will, when the court determines that the person whose appointment is sought is qualified and has priority under F.S. 733.301(1)(b). Upon taking the oath of office, filing the designation of resident agent, accepting and posting the bond set by the order letters of administration, the order will be issued.

Order Requiring Bond of Personal Representative

The personal representative must execute a bond and file it with the court, unless:

1. The personal representative is a qualified bank or trust company, as specified in F.S. 733.402(3).

2. The testator specifically waives the requirement in the will, as outlined in F.S. 733.402(1).

3. The court, upon petition by any interested person or on its own motion, waives the requirement, as per F.S. 733.402(4).

A bond must contain two or more sufficient sureties or an authorized surety company as surety, which must be approved by the clerk. This requirement is outlined in F.S. 45.011 and F.S. 733.402(1).  The bond is payable to the Governor and the Governor’s successors in office and is “conditioned on the performance of all duties as personal representative according to law.” 

While F.S. 733.402(1) authorizes the clerk to approve the bond, the judge determines the bond amount after considering various factors, such as the estate’s gross value, the relationship between the personal representative and beneficiaries, exempt property, family allowances, the type and nature of assets, known creditors, and any liens or encumbrances on the assets. This is outlined in F.S. 733.403.

However, even if the testator waives the personal representative’s obligation to post bond, the court may still require the personal representative to do so upon the petition of any interested party or upon the court’s own motion. This is specified in F.S. 733.402(4) and Rule 5.235(c). Furthermore, a bond may be necessary if the personal representative is not a resident of the State of Florida.

Oath of Personal Representative

A personal representative must take an oath pledging to faithfully administer the estate of the deceased. Florida Probate Rules 5.320 require this oath to include a statement confirming that the personal representative has reviewed the statutes governing personal representative appointments, is qualified to serve, and has a continuing duty to file and serve a notice if they become disqualified. This oath must be executed and filed before letters of administration are granted. If the petition for administration is verified by the prospective personal representative individually, the oath may be incorporated into the petition. Additionally, the oath can be combined with the designation of a resident agent, as per Rule 5.110(e). Corporate personal representatives are required to file an oath but are not obligated to designate a resident agent, as per Rule 5.110(b).

Ormond Beach Probate Attorney

Grieving the loss of a loved is something that almost everyone experiences at some point in their life.  If you find yourself unsure of your inheritance rights it is important that you have competent representation on your side to help guide you through the probate process.  Call Ormond Beach probate attorney Andrew J. Pascale, Law Offices of Andrew J. Pascale, P.A. at 877-667-1211.