Rule 5.320. Oath of Personal Representative

(a) Oath of Personal Representative; Entity. Before the granting of letters of administration, the prospective personal representative must file an oath to faithfully administer the estate of the decedent. 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 on 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 ____________________________

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.