Rule 5.320. Oath of Personal Representative

Before the granting of letters of administration, the personal representative shall file an oath to faithfully administer the estate of the decedent. The oath shall also contain a statement that the personal representative has reviewed the statutes relating to the requirements for appointment as personal representative, that the personal  representative is qualified to serve, and that the personal representative has a continuing duty to file and serve a notice upon the occurrence of an event that would disqualify the personal representative. If the petition is verified by the prospective personal representative individually, the oath may be incorporated in the petition or in the designation of resident agent. The oath shall substantially comply with the following form:



STATE OF ___________________________

COUNTY OF _________________________

I, ____________________, (Affiant), state under oath that:

1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of ___________________ , deceased. I have reviewed the statutes and understand the qualifications. Under penalties of perjury, I certify that the following statements are true:

a. I am 18 years of age or older.
b. I have never been convicted of a felony.
c. I am mentally and physically able to perform the duties of personal representative.
d. I am a resident of the State of Florida, or, if I am not a resident of the State of Florida, I am:

___ a legally adopted child or adoptive parent of the decedent;
___ related by lineal consanguinity to the decedent; a spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or 
___ the spouse of a person otherwise qualified under one of the provisions above.

2. I will faithfully administer the estate of the decedent according to law.

3. My place of residence is ________________________, and my post office address is ____________________.

4. I will promptly file and serve a notice on all interested persons at any time I know that I would not be qualified for appointment and will include the reason I would not then be qualified and the date on which the disqualifying event occurred.

5. I will file and serve a notice within 20 days on all interested persons, in the event there is a change in my residence address, street address, or mailing address.


Sworn to and subscribed to before me on ___________________________, ______, by Affiant, who is personally known to me ____ or who has produced ___________________ as identification.

Notary Public State of ______________________
My Commission Expires: ___________________
My Commission Number is: ________________
(Affix Notarial Seal)