The Florida Senate

733.405  Release of surety.--

(1)  On petitioning the surety, or the personal representative of a surety, on the bond of any personal representative or curator shall be entitled as a matter of right to be released from future liability upon the bond.

(2)  Pending the hearing of the petition, the court may restrain the principal from acting in his or her representative capacity, except to preserve the estate.

(3)  On hearing, the court shall enter an order prescribing the amount of the new bond for the personal representative or curator and the date when the bond shall be filed. If the principal fails to give the new bond, he or she shall be removed at once, and further proceedings shall be had as in cases of removal.

(4)  The original surety or sureties shall be liable for all acts of the personal representative or surety until he or she has given the new bond and, after the giving of the new bond, shall remain liable for all the principal's acts to the time of the filing and approval of the new bond. The new surety shall be liable for the principal's acts only after the filing and approval of the new bond.

History.--s. 1, ch. 74-106; s. 68, ch. 75-220; s. 993, ch. 97-102.

Note.--Created from former s. 732.68.