By Steven C. Fraser, Esq. | FL Bar No. 625825 | DC Bar No. 460026
The October 1, 2026 edition of the Florida Probate Rules carries a 2026 revision to Rule 5.320, the oath of personal representative. The rule history describes it in one sentence: subdivision (b) was amended to correct statutory references, and the committee notes were revised. This post walks through what the rule requires, based on the text of the October 1, 2026 edition, so that anyone preparing a petition for administration is working from the current form.
The rule in one sentence
Before letters of administration are granted, the prospective personal representative must file an oath to faithfully administer the estate of the decedent. Everything else in the rule is about what the oath must contain, and it differs depending on whether the personal representative is an entity or an individual.
Subdivision (a): the oath for an entity
For a trust company, corporation, association, or other entity, the oath must also state that the entity is authorized and qualified to serve under section 733.305, Florida Statutes. The form in the rule has the affiant identify the entity as one of the following:
- a trust company incorporated under the laws of Florida;
- a state banking corporation authorized and qualified to exercise fiduciary powers in Florida under section 733.305;
- a state savings corporation with the same authorization;
- a national banking association with the same authorization; or
- a federal savings and loan association with the same authorization.
The affiant also swears that he or she is authorized to make the oath on behalf of the entity, states the entity's place of business and post office address, and affirms that the entity will faithfully administer the estate according to law. The entity commits to two notice obligations: to promptly file and serve a notice on all interested persons whenever it would not be qualified for appointment (stating the reason and the date of the disqualifying event), and to file and serve a notice within 20 days if its place of business or mailing address changes.
Subdivision (b): the oath for an individual
This is the subdivision that was amended in 2026. For an individual, the oath must contain a statement that the personal representative has reviewed the statutes on the requirements for appointment, is qualified to serve, and has a continuing duty to file and serve a notice if an event occurs that would disqualify him or her.
The form has the affiant state that he or she is qualified within sections 733.302, 733.303, and 733.304, Florida Statutes, has reviewed the statutes and understands the qualifications, and certifies under penalties of perjury that:
- he or she is 18 years of age or older;
- he or she has never been convicted of a felony;
- he or she has never been convicted, in any state or foreign jurisdiction, of abuse, neglect, or exploitation of an elderly person or a disabled adult, as defined in sections 825.101, 825.102, and 825.103;
- he or she is mentally and physically able to perform the duties of personal representative; and
- he or she is a Florida resident or, if not, falls within the listed categories of relationship to the decedent (an adopted child or adoptive parent, a person related by lineal consanguinity, a spouse or sibling, uncle, aunt, nephew, or niece, or someone related by lineal consanguinity to any of those persons, or the spouse of a person otherwise qualified).
The oath then promises faithful administration according to law, states the affiant's residence and post office address, and repeats the two continuing notice duties: prompt notice on any known disqualification, and notice within 20 days of a change in residence, street, or mailing address.
Timing and placement
Two points from the rule and its committee notes are easy to overlook.
First, if the petition is verified by the prospective personal representative individually, the oath may be incorporated into the petition or into the designation of resident agent. A separate document is not always required.
Second, the committee notes state that the oath may be signed concurrently with the petition for administration and is valid even if it predates the order appointing the personal representative. Signing it with the petition is the contemplated practice.
The notary block
The form's jurat reads "sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization." The 2021 revision had already revised the notary block for compliance with revised section 117.05, Florida Statutes, so a jurat that references only physical presence is a sign of an old form.
What to check in your form library
The 2026 change is described as a correction of statutory references, not a change to what a personal representative must swear. Even so, an oath is a sworn document filed in a court proceeding, and the safe course is mechanical:
- Pull the October 1, 2026 edition of Rule 5.320 and compare the individual oath, line by line, against the form your office or software actually uses. Pay particular attention to the statutory citations in the opening paragraph and in the nonresident relationship list.
- Confirm that the entity form is used only for entities and the individual form only for individuals. The 2024 revision split the two on purpose.
- Confirm the notary block offers both physical presence and online notarization.
- If a replacement oath is needed on an open estate, make sure it is the current form and that the personal representative has actually reviewed the statutes it recites before signing.
Why this is worth an article
Nothing about Rule 5.320 is dramatic. But the oath is the first thing a personal representative signs, and it is the document that fixes the continuing duty to tell interested persons when something disqualifying happens or an address changes. A stale form or a signature without review is the kind of small defect that surfaces later, at the worst time, in a contested estate.
Source: Florida Probate Rules (Florida Bar), October 1, 2026 edition, Rule 5.320 and accompanying committee notes and rule history, pp. 115 to 120.
Steven C. Fraser is admitted in the District of Columbia (1998) and Florida (2003) and practices in bankruptcy, tax controversy, consumer protection, probate, and related litigation. This article summarizes a published court rule. It is not legal advice, and it is not an opinion on any particular estate or personal representative.