Florida Statutes 744.528 – Discharge of guardian named as personal representative
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(1) A guardian authorized to manage property, who is subsequently appointed personal representative, must serve a copy of the guardian‘s final report and petition for discharge upon the beneficiaries of the ward‘s estate who will be affected by the report.
(2) All such beneficiaries shall have 30 days to file objections to the final report and petition for discharge.
(3) Any interested person may file a notice of a hearing on any objections filed by the beneficiaries. Notice of the hearing must be served upon the guardian, beneficiaries of the ward’s estate, and any other person to whom the court directs service. If a notice of hearing on the objections is not served within 90 days after filing of the objections, the objections are deemed abandoned.
(4) The guardian may not be discharged until:
(a) All objections have been judicially resolved;
Terms Used In Florida Statutes 744.528
- Court: means the circuit court. See Florida Statutes 744.102
- Estate: means the property of a ward subject to administration. See Florida Statutes 744.102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has been appointed by the court to act on behalf of a ward's person or property, or both. See Florida Statutes 744.102
- manage property: means to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income. See Florida Statutes 744.102
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Property: means both real and personal property or any interest in it and anything that may be the subject of ownership. See Florida Statutes 744.102
- Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
(b) The report of the guardian is approved by the court; and
(c) In the case of a guardian of the property, all property has been distributed to the ward’s estate or the persons entitled to it.