reglab/housing_qa huggingface dataset:
FL Stat § 733.609 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.609 - Improper exercise of power; breach of fiduciary duty.

733.609 Improper exercise of power; breach of fiduciary duty.—(1) A personal representative’s fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from the breach of this duty. In all actions for breach of fiduciary duty or challenging the exercise of or failure to exercise a personal representative’s powers, the court shall award taxable costs as in chancery actions, including attorney’s fees.(2) When awarding taxable costs, including attorney’s fees, under this section, the court in its discretion may direct payment from a party’s interest, if any, in the estate or enter a judgment which may be satisfied from other property of the party, or both.(3) This section shall apply to all proceedings commenced hereunder after the effective date, without regard to the date of the decedent’s death.History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1006, ch. 97-102; s. 132, ch. 2001-226; s. 11, ch. 2003-154.
FL Stat § 733.610 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.610 - Sale, encumbrance, or transaction involving conflict of interest.

733.610 Sale, encumbrance, or transaction involving conflict of interest.—Any sale or encumbrance to the personal representative or the personal representative’s spouse, agent, or attorney, or any corporation, other entity, or trust in which the personal representative, or the personal representative’s spouse, agent, or attorney, has a substantial beneficial or ownership interest, or any transaction that is affected by a conflict of interest on the part of the personal representative, is voidable by any interested person except one who has consented after fair disclosure, unless:(1) The will or a contract entered into by the decedent expressly authorized the transaction; or(2) The transaction is approved by the court after notice to interested persons.History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1007, ch. 97-102; s. 133, ch. 2001-226; s. 6, ch. 2020-67.
FL Stat § 733.611 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.611 - Persons dealing with the personal representative; protection.

733.611 Persons dealing with the personal representative; protection.—Except as provided in s. 733.613(1), a person who in good faith either assists or deals for value with a personal representative is protected as if the personal representative acted properly. The fact that a person knowingly deals with the personal representative does not require the person to inquire into the authority of the personal representative. A person is not bound to see to the proper application of estate assets paid or delivered to the personal representative. This protection extends to instances in which a procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is alive. This protection is in addition to any protection afforded by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 30, ch. 77-87; s. 1, ch. 77-174; s. 1008, ch. 97-102; s. 134, ch. 2001-226.
FL Stat § 733.613 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.613 - Personal representative’s right to sell real property.

733.613 Personal representative’s right to sell real property.—(1) When a personal representative of an intestate estate, or whose testator has not conferred a power of sale or whose testator has granted a power of sale but the power is so limited by the will or by operation of law that it cannot be conveniently exercised, shall consider that it is for the best interest of the estate and of those interested in it that real property be sold, the personal representative may sell it at public or private sale. No title shall pass until the court authorizes or confirms the sale. No bona fide purchaser shall be required to examine any proceedings before the order of sale.(2) When a decedent’s will confers specific power to sell or mortgage real property or a general power to sell any asset of the estate, the personal representative may sell, mortgage, or lease, without authorization or confirmation of court, any real property of the estate or any interest therein for cash or credit, or for part cash and part credit, and with or without security for unpaid balances. The sale, mortgage, or lease need not be justified by a showing of necessity, and the sale pursuant to power of sale shall be valid.(3) In a sale or mortgage which occurs under a specific power to sell or mortgage real property, or under a court order authorizing or confirming that act, the purchaser or lender takes title free of claims of creditors of the estate and entitlements of estate beneficiaries, except existing mortgages or other liens against real property are not affected.History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1011, ch. 97-102; s. 137, ch. 2001-226.Note.—Created from former s. 733.23.
FL Stat § 733.614 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.614 - Powers and duties of successor personal representative.

733.614 Powers and duties of successor personal representative.—A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate as expeditiously as possible, but shall not exercise any power made personal to the personal representative named in the will without court approval.History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1012, ch. 97-102; s. 138, ch. 2001-226.Note.—Created from former s. 734.10.
FL Stat § 733.615 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.615 - Joint personal representatives; when joint action required.

733.615 Joint personal representatives; when joint action required.—(1) If two or more persons are appointed joint personal representatives, and unless the will provides otherwise, the concurrence of all joint personal representatives appointed pursuant to a will or codicil executed prior to October 1, 1987, or appointed to administer an intestate estate of a decedent who died prior to October 1, 1987, or of a majority of joint personal representatives appointed pursuant to a will or codicil executed on or after October 1, 1987, or appointed to administer an intestate estate of a decedent dying on or after October 1, 1987, is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any joint personal representative receives and receipts for property due the estate, when the concurrence required under this subsection cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a joint personal representative has been delegated to act for the others.(2) Where action by a majority of the joint personal representatives appointed is authorized, a joint personal representative who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise, and a dissenting joint personal representative is not liable for the consequences of an action in which the dissenting personal representative joins at the direction of the majority of the joint personal representatives, if the dissent is expressed in writing to the other joint personal representatives at or before the time of the action.(3) A person dealing with a joint personal representative without actual knowledge that joint personal representatives have been appointed, or if advised by a joint personal representative that the joint personal representative has authority to act alone for any of the reasons mentioned in subsection (1), is as fully protected in dealing with that joint personal representative as if that joint personal representative possessed and properly exercised the power.History.—s. 1, ch. 74-106; s. 1, ch. 87-317; s. 4, ch. 88-340; s. 1013, ch. 97-102; s. 139, ch. 2001-226.Note.—Created from former s. 732.50.
FL Stat § 733.616 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.616 - Powers of surviving personal representatives.

733.616 Powers of surviving personal representatives.—Unless otherwise provided by the terms of the will or a court order, every power exercisable by joint personal representatives may be exercised by the one or more remaining after the appointment of one or more is terminated. If one or more, but not all, nominated as joint personal representatives are not appointed, those appointed may exercise all powers granted to those nominated.History.—s. 1, ch. 74-106; s. 140, ch. 2001-226.Note.—Created from former s. 732.52.
FL Stat § 733.6175 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.6175 - Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.—(1) The court may review the propriety of the employment of any person employed by the personal representative and the reasonableness of any compensation paid to that person or to the personal representative.(2) Court proceedings to determine reasonable compensation of the personal representative or any person employed by the personal representative, if required, are a part of the estate administration process, and the costs, including attorneys’ fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the estate unless the court finds the requested compensation to be substantially unreasonable. The court shall direct from which part of the estate the compensation shall be paid.(3) The burden of proof of propriety of the employment and the reasonableness of the compensation shall be upon the personal representative and the person employed. Any person who is determined to have received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.(4) The court may determine reasonable compensation for the personal representative or any person employed by the personal representative without receiving expert testimony. Any party may offer expert testimony after notice to interested persons. If expert testimony is offered, a reasonable expert witness fee shall be awarded by the court and paid from the assets of the estate. The court shall direct from what part of the estate the fee shall be paid.History.—s. 2, ch. 76-172; s. 1014, ch. 97-102; s. 143, ch. 2001-226.
FL Stat § 733.619 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.619 - Individual liability of personal representative.

733.619 Individual liability of personal representative.—(1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract, except a contract for attorney’s fee, properly entered into as fiduciary unless the personal representative fails to reveal that representative capacity and identify the estate in the contract.(2) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if personally at fault.(3) Claims based on contracts, except a contract for attorney’s fee, entered into by a personal representative as a fiduciary, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration, may be asserted against the estate by proceeding against the personal representative in that capacity, whether or not the personal representative is individually liable.(4) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding.History.—s. 82, ch. 75-220; s. 32, ch. 77-87; s. 228, ch. 77-104; s. 1015, ch. 97-102; s. 144, ch. 2001-226.
FL Stat § 733.620 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)|733.620 - Exculpation of personal representative.

733.620 Exculpation of personal representative.—(1) A term of a will relieving a personal representative of liability to a beneficiary for breach of fiduciary duty is unenforceable to the extent that the term:(a) Relieves the personal representative of liability for breach of fiduciary duty committed in bad faith or with reckless indifference to the purposes of the will or the interests of interested persons; or(b) Was inserted into the will as the result of an abuse by the personal representative of a fiduciary or confidential relationship with the testator.(2) An exculpatory term drafted or caused to be drafted by the personal representative is invalid as an abuse of a fiduciary or confidential relationship unless:(a) The personal representative proves that the exculpatory term is fair under the circumstances.(b) The term’s existence and contents were adequately communicated directly to the testator or to the independent attorney of the testator. This paragraph applies only to wills created on or after July 1, 2007.History.—s. 15, ch. 2007-74.
FL Stat § 733.701 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VII - Creditors’ Claims (Ss. 733.701-733.710)|733.701 - Notifying creditors.

733.701 Notifying creditors.—Unless creditors’ claims are otherwise barred by s. 733.710, every personal representative shall cause notice to creditors to be published and served under s. 733.2121.History.—s. 1, ch. 74-106; s. 83, ch. 75-220; s. 33, ch. 77-87; s. 4, ch. 89-340; s. 145, ch. 2001-226; s. 31, ch. 2003-154.Note.—Created from former s. 733.15.
FL Stat § 733.703 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VII - Creditors’ Claims (Ss. 733.701-733.710)|733.703 - Form and manner of presenting claim.

733.703 Form and manner of presenting claim.—(1) A creditor shall file a written statement of the claim. No additional charge may be imposed by a claimant who files a claim against the estate.(2) Within the time allowed by s. 733.702, the personal representative may file a proof of claim of all claims he or she has paid or intends to pay. A claimant whose claim is listed in a personal representative’s proof of claim shall be deemed to have filed a statement of the claim listed. Except as provided otherwise in this part, the claim shall be treated as if the claimant had filed it.History.—s. 1, ch. 74-106; s. 84, ch. 75-220; s. 5, ch. 81-27; s. 5, ch. 85-79; s. 6, ch. 89-340; s. 147, ch. 2001-226.Note.—Created from former s. 733.16.
FL Stat § 733.704 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VII - Creditors’ Claims (Ss. 733.701-733.710)|733.704 - Amendment of claims.

733.704 Amendment of claims.—If a bona fide attempt to file a claim is made but the claim is defective as to form, the court may permit the amendment of the claim at any time.History.—s. 1, ch. 74-106; s. 1, ch. 77-174; s. 148, ch. 2001-226.Note.—Created from former s. 733.17.
FL Stat § 733.706 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VII - Creditors’ Claims (Ss. 733.701-733.710)|733.706 - Executions and levies.

733.706 Executions and levies.—Except upon approval by the court, no execution or other process shall issue on or be levied against property of the estate. An order approving execution or other process to be levied against property of the estate may be entered only in the estate administration proceeding. Claims on all judgments against a decedent shall be filed in the same manner as other claims against estates of decedents. This section shall not be construed to prevent the enforcement of mortgages, security interests, or liens encumbering specific property.History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 8, ch. 89-340.Note.—Created from former s. 733.19.
FL Stat § 733.708 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VII - Creditors’ Claims (Ss. 733.701-733.710)|733.708 - Compromise.

733.708 Compromise.—When a proposal is made to compromise any claim, whether in suit or not, by or against the estate of a decedent or to compromise any question concerning the distribution of a decedent’s estate, the court may enter an order authorizing the compromise if satisfied that the compromise will be for the best interest of the interested persons. The order shall relieve the personal representative of liability or responsibility for the compromise. Claims against the estate may not be compromised until after the time for filing objections to claims has expired.History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 151, ch. 2001-226.Note.—Created from former s. 733.21.
FL Stat § 733.710 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VII - Creditors’ Claims (Ss. 733.701-733.710)|733.710 - Limitations on claims against estates.

733.710 Limitations on claims against estates.—(1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section.(2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705.(3) This section shall not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.History.—s. 1, ch. 74-106; s. 50, ch. 75-220; s. 36, ch. 77-87; s. 9, ch. 89-340; s. 152, ch. 2001-226.Note.—Created from former s. 734.29(1).
FL Stat § 733.801 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.801 - Delivery of devises and distributive shares.

733.801 Delivery of devises and distributive shares.—(1) No personal representative shall be required to pay or deliver any devise or distributive share or to surrender possession of any land to any beneficiary until the expiration of 5 months from the granting of letters.(2) Except as otherwise provided in the will, the personal representative shall pay as an expense of administration the reasonable expenses of storage, insurance, packing, and delivery of tangible personal property to a beneficiary.History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 153, ch. 2001-226.Note.—Created from former s. 734.02.
FL Stat § 733.802 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.802 - Proceedings for compulsory payment of devises or distributive interest.

733.802 Proceedings for compulsory payment of devises or distributive interest.—(1) Before final distribution, no personal representative shall be compelled:(a) To pay a devise in money before the final settlement of the personal representative’s accounts,(b) To deliver specific personal property devised, unless the personal property is exempt personal property,(c) To pay all or any part of a distributive share in the personal estate of a decedent, or(d) To surrender land to any beneficiary,unless the beneficiary establishes that the property will not be required for the payment of debts, family allowance, estate and inheritance taxes, claims, elective share of the surviving spouse, charges, or expenses of administration or to provide funds for contribution or to enforce equalization in case of advancements.(2) An order directing the surrender of real property or the delivery of personal property by the personal representative to the beneficiary shall be conclusive in favor of bona fide purchasers for value from the beneficiary or distributee as against the personal representative and all other persons claiming by, through, under, or against the decedent or the decedent’s estate.(3) If the administration of the estate has not been completed before the entry of an order of partial distribution, the court may require the person entitled to distribution to give a bond with sureties as prescribed in s. 45.011, conditioned on the making of due contribution for the payment of devises, family allowance, estate and inheritance taxes, claims, elective share of the spouse, charges, expenses of administration, and equalization in case of advancements, plus any interest on them.History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 37, ch. 77-87; s. 1, ch. 77-174; s. 272, ch. 79-400; s. 1019, ch. 97-102; s. 154, ch. 2001-226.Note.—Created from former s. 734.03.
FL Stat § 733.803 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part VIII - Special Provisions for Distribution (Ss. 733.801-733.817)|733.803 - Encumbered property; liability for payment.

733.803 Encumbered property; liability for payment.—The specific devisee of any encumbered property shall be entitled to have the encumbrance on devised property paid at the expense of the residue of the estate only when the will shows that intent. A general direction in the will to pay debts does not show that intent.History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 155, ch. 2001-226.Note.—Created from former s. 734.051.