Florida Statute 733.505
“Jurisdiction in removal proceedings”
What it means
A petition for removal of a personal representative is filed in the court having jurisdiction of the administration, which is the probate court handling the estate. The statute names that court as the place to file and does not name any other court.
Who may start a removal proceeding is addressed in § 733.506, and the grounds are in § 733.504. Rule 5.440(a) repeats the filing requirement and adds that the petition must state the facts constituting the grounds for removal.
- A petition for removal is filed in the court having jurisdiction of the administration (§ 733.505).
- Rule 5.440(a) repeats that the petition is filed in the court with jurisdiction over the administration of the estate (Rule 5.440(a)).
- Who may start removal, the court on its own or an interested person by petition, is set by § 733.506, not this section (§ 733.506).
Text of the statute (2026)
A petition for removal shall be filed in the court having jurisdiction of the administration.
(a) Commencement of Proceeding. The court on its own motion may remove, or any interested person by petition may commence a proceeding to remove, a personal representative. A petition for removal must state the facts constituting the grounds on which removal is sought, and must be filed in the court having jurisdiction over the administration of the estate.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.505.
History. s. 1, ch. 74-106; s. 118, ch. 2001-226.
How it applies
A petition for removal is filed in the court having jurisdiction of the administration (§ 733.505). The Probate Rules add that the petition must state the facts constituting the grounds on which removal is sought (Rule 5.440(a)). The grounds themselves are listed in § 733.504, and § 733.506 addresses who may commence the proceeding.
Where this shows up
Pages on this site where § 733.505 does real work:
Questions people ask
Sources
- Fla. Stat. § 733.505 (2026) (Entire section: removal petitions are filed in the court having jurisdiction of the administration.)
- Fla. Prob. R. 5.440(a) (Oct. 15, 2026 edition) (Petition must state the facts constituting the grounds and be filed in the court having jurisdiction over the administration.)
- Fla. Stat. § 733.506 (2026) (Who may commence removal proceedings.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.