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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:

[CAPTION]

OATH OF PERSONAL REPRESENTATIVE 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 have never been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section 825.101, Florida Statutes.

d.     I am mentally and physically able to perform the duties of personal representative.

e.     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.

__________________________

Affiant

Sworn to (or affirmed) and subscribed before me by means of _ physical presence or             online notarization, this _____ day of , 20_____   , by ______________ (name of person making statement).

Signature of Notary Public—State of Florida (Print, Type, or Stamp

Commissioned Name of Notary

Public)

Personally Known             or Produced Identification                                                                                            Type of Identification Produced