Florida Statute 731.303
“Representation”
What it means
Section 731.303 lets an order bind people who are not parties. To the extent there is no conflict of interest, an order binding a guardian of the property binds the ward; an order binding a trustee binds the trust's beneficiaries in proceedings to probate a will, to establish or add to a trust, to review a prior fiduciary's acts or accounts, and in proceedings involving creditors or third parties; and an order binding a personal representative binds persons interested in the undistributed assets in actions by or against the estate. A conflict is deemed to exist when each trustee of a trust that is a beneficiary of the estate is also a personal representative of the estate.
An unborn or unascertained person, a minor, or another person under a legal disability who is not otherwise represented is bound to the extent another party has the same or greater quality of interest. Holders of a power of revocation or of a general, special, or limited power of appointment can bind persons whose interests depend on the power, with exceptions for trustee fraud or bad faith, a trustee's power to distribute trust property, and a sole trustee's power. An order binding a guardian of the person does not bind the ward.
Notice goes to every interested person or to one who can bind that person. If representation would be inadequate, the court may appoint a guardian ad litem.
- Absent a conflict of interest, an order binding a guardian of the property binds the ward, and an order binding a personal representative binds persons interested in the undistributed assets (§ 731.303(1)(b)1., 3.).
- An order binding a trustee binds trust beneficiaries in listed proceedings, absent a conflict; a conflict is deemed to exist when every trustee is also a personal representative (§ 731.303(1)(b)2.).
- An unborn, unascertained, minor, or disabled person not otherwise represented is bound to the extent another party has the same or greater quality of interest (§ 731.303(1)(c)).
- An order binding a guardian of the person does not bind the ward (§ 731.303(2)).
- Notice is given to every interested person or to one who can bind that person (§ 731.303(3)(a)).
- The court may appoint a guardian ad litem when representation would otherwise be inadequate (§ 731.303(4)).
Text of the statute (2026)
(a)1. Orders binding the sole holder or all coholders of a power of revocation or a general, special, or limited power of appointment, including one in the form of a power of amendment or revocation to the extent that the power has not become unexercisable in fact, bind all persons to the extent that their interests, as persons who may take by virtue of the exercise or nonexercise of the power, are subject to the power. 2. Subparagraph 1. does not apply to: a. Any matter determined by the court to involve fraud or bad faith by the trustee; b. A power of a trustee to distribute trust property; or c. A power of appointment held by a person while the person is the sole trustee.
(b) To the extent there is no conflict of interest between them or among the persons represented: 1. Orders binding a guardian of the property bind the ward. 2. Orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will, in establishing or adding to a trust, in reviewing the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties. However, for purposes of this section, a conflict of interest shall be deemed to exist when each trustee of a trust that is a beneficiary of the estate is also a personal representative of the estate. 3. Orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate, in actions or proceedings by or against the estate.
(c) An unborn or unascertained person, or a minor or any other person under a legal disability, who is not otherwise represented is bound by an order to the extent that person’s interest is represented by another party having the same or greater quality of interest in the proceeding.
(2) Orders binding a guardian of the person shall not bind the ward.
(a) Notice as prescribed by law shall be given to every interested person, or to one who can bind the interested person as described in paragraph (1)(a) or paragraph (1)(b). Notice may be given both to the interested person and to another who can bind him or her.
(4) If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time, appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, or a person whose identity or address is unknown. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
Excerpts are the subsections the summary relies on. Read the full official text of § 731.303.
History. s. 1, ch. 74-106; s. 7, ch. 75-220; s. 5, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 88-217; s. 3, ch. 92-200; s. 951, ch. 97-102; s. 13, ch. 2001-226; s. 3, ch. 2002-82; s. 3, ch. 2003-154; s. 30, ch. 2006-217; s. 9, ch. 2007-153.
How it applies
The section is the basis for finality when some affected persons are minors, unborn, unascertained, or under a disability. An order binds them to the extent another party with the same or greater quality of interest represents their interest (§ 731.303(1)(c)). Where representation would be inadequate, the court may appoint a guardian ad litem, and Florida Probate Rule 5.120 addresses that appointment. Notice follows the same structure: it can go to the interested person or to someone who can bind that person.
Sources
- Fla. Stat. § 731.303 (2026), flsenate.gov (Binding effect of orders in (1), guardian of the person in (2), notice in (3), and guardian ad litem in (4).)
- Florida Probate Rule 5.120 (Bar edition effective October 15, 2026) (Rule 5.120(a)(1): a court may appoint a guardian ad litem if it determines that representation of the interest otherwise would be inadequate.)
Last checked: October 17, 2026
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