Florida Statute 733.508
“Accounting and discharge of removed personal representatives upon removal”
What it means
A removed personal representative must file and serve a final accounting of that PR's administration (subsection (1)). Rule 5.440(b) sets the time: the accounting is due within 30 days after removal.
Under subsection (2), the removed PR is discharged, the bond released, and the surety discharged after the removed PR's liability, if any, is determined and satisfied, after compensation of that PR and the attorney and other persons employed by that PR, and on receipt of evidence that the estate assets were delivered to the successor fiduciary.
Rule 5.440(c) adds that the removed PR must deliver all estate records and property to the remaining PR or successor fiduciary immediately after removal or within the time set by court order. Under Rule 5.440(d), a removed PR who fails to file the accounting or to deliver the records and property in time is subject to contempt proceedings.
- A removed PR must file and serve a final accounting of the administration (§ 733.508(1)).
- The accounting is due within 30 days after removal (Rule 5.440(b)).
- Discharge follows determination and satisfaction of any liability and compensation of the PR and those the PR employed (§ 733.508(2)).
- The court needs evidence that estate assets were delivered to the successor fiduciary before discharge (§ 733.508(2)).
- On discharge, the bond is released and the surety discharged (§ 733.508(2)).
Text of the statute (2026)
(1) A removed personal representative shall file and serve a final accounting of that personal representative’s administration.
(2) After determination and satisfaction of the liability, if any, of the removed personal representative, after compensation of that personal representative and the attorney and other persons employed by that personal representative, and upon receipt of evidence that the estate assets have been delivered to the successor fiduciary, the removed personal representative shall be discharged, the bond released, and the surety discharged.
(b) Accounting. A removed personal representative must file an accounting within 30 days after removal. (c) Delivery of Records and Property. A removed personal representative must, immediately after removal or within such time prescribed by court order, deliver to the remaining personal representative or to the successor fiduciary all of the records of the estate and all of the property of the estate. (d) Failure to File Accounting or Deliver Records and Property. If a removed personal representative fails to file an accounting or fails to deliver all property of the estate and all estate records under the control of the removed personal representative to the remaining personal representative or to the successor fiduciary within the time prescribed by this rule or by court order, the removed personal representative will be subject to contempt proceedings.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.508.
History. s. 1, ch. 74-106; s. 999, ch. 97-102; s. 122, ch. 2001-226.
How it applies
Section 733.508(1) requires the removed PR to file and serve a final accounting of that PR's administration. Subsection (2) lists what precedes discharge: determination and satisfaction of any liability of the removed PR, compensation of that PR and the attorney and other persons the PR employed, and receipt of evidence that the estate assets have been delivered to the successor fiduciary. After those, the removed PR is discharged, the bond is released, and the surety is discharged.
Where this shows up
Pages on this site where § 733.508 does real work:
Questions people ask
Sources
- Fla. Stat. § 733.508 (2026) (Subsections (1)-(2): final accounting; conditions for discharge, bond release, and surety discharge.)
- Fla. Prob. R. 5.440(b)-(d) (Oct. 15, 2026 edition) (30-day accounting; delivery of records and property; contempt for noncompliance.)
Last checked: October 17, 2026
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