Contents

DETERMINATION
0F SECURITY

     

     A.  TYPES and DETERMINATION OF SECURITIES

    Security for estates and guardianships, as determined by the Court,
    shall be by bond or depository for probate estates and guardianships.
    Security is mandatory in all estates when a personal representative
    is not a resident of the State of Florida. Some factors in determining
    securities by the Court, but not all, are as follows:

         1. Residence of the personal representative
         2. The fiduciary qualifications of the personal representative
         3. The size of the estate
         4. The liquidity of the estate
         5. Types of assets consisting of the estate
         6. The number of beneficiaries
         7. Whether the decedent has been dead for over two years
         8. Types of beneficiaries (minors, incapacitated, etc.)
         9. The interest the personal representative has in the estate
         10. The role the attorney plays in the estate
         11. Meeting time standards, promulgated by the Supreme Court
     

      B. DEPOSITORIES IN GUARDIANSHIPS  

    All depositories must be a designated financial institution under the
    same conditions and limitations as contained in Florida Statute
    69.031.  A designated financial institution shall also include a dealer,
    as defined in Florida Statute 517.021(6), if the dealer is a member
    of the Security Investment Protection Corporation and is doing
    business in the state.

     

 

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