reglab/statecodes huggingface dataset:
2023 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) › 733.607 - Possession of estate.

733.607 Possession of estate.—
(1) Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except the protected homestead, but any real property or tangible personal property may be left with, or surrendered to, the person presumptively entitled to it unless possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by a beneficiary is conclusive evidence that the possession of the property by the personal representative is necessary for the purposes of administration, in any action against the beneficiary for possession of it. The personal representative shall take all steps reasonably necessary for the management, protection, and preservation of the estate until distribution and may maintain an action to recover possession of property or to determine the title to it.
(2) If, after providing for statutory entitlements and all devises other than residuary devises, the assets of the decedent’s estate are insufficient to pay the expenses of the administration and obligations of the decedent’s estate, the personal representative is entitled to payment from the trustee of a trust described in s. 733.707(3), in the amount the personal representative certifies in writing to be required to satisfy the insufficiency, subject to the exclusions and preferences under s. 736.05053. The provisions of s. 733.805 shall apply in determining the amount of any payment required by this section.
History.—s. 1, ch. 74-106; s. 28, ch. 77-87; s. 9, ch. 93-257; s. 9, ch. 95-401; s. 1005, ch. 97-102; s. 130, ch. 2001-226; s. 1, ch. 2010-122.
Note.—Created from former s. 733.01.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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) › 733.805 - Order in which assets abate.

733.805 Order in which assets abate.—
(1) Funds or property designated by the will shall be used to pay debts, family allowance, exempt property, elective share charges, expenses of administration, and devises, to the extent the funds or property is sufficient. If no provision is made or the designated fund or property is insufficient, the funds and property of the estate shall be used for these purposes, and to raise the shares of a pretermitted spouse and children, except as otherwise provided in subsections (3) and (4), in the following order:
(a) Property passing by intestacy.
(b) Property devised to the residuary devisee or devisees.
(c) Property not specifically or demonstratively devised.
(d) Property specifically or demonstratively devised.
(2) Demonstrative devises shall be classed as general devises upon the failure or insufficiency of funds or property out of which payment should be made, to the extent of the insufficiency. Devises to the decedent’s surviving spouse, given in satisfaction of, or instead of, the surviving spouse’s statutory rights in the estate, shall not abate until other devises of the same class are exhausted. Devises given for a valuable consideration shall abate with other devises of the same class only to the extent of the excess over the amount of value of the consideration until all others of the same class are exhausted. Except as herein provided, devises shall abate equally and ratably and without preference or priority as between real and personal property. When property that has been specifically devised or charged with a devise is sold or used by the personal representative, other devisees shall contribute according to their respective interests to the devisee whose devise has been sold or used. The amounts of the respective contributions shall be determined by the court and shall be paid or withheld before distribution is made.
(3) Section 733.817 shall be applied before this section is applied.
(4) In determining the contribution required under s. 733.607(2), subsections (1)-(3) of this section and s. 736.05053(2) shall be applied as if the beneficiaries of the estate and the beneficiaries of a trust described in s. 733.707(3), other than the estate or trust itself, were taking under a common instrument.
History.—s. 1, ch. 74-106; s. 88, ch. 75-220; s. 1, ch. 77-174; s. 1020, ch. 97-102; s. 156, ch. 2001-226; s. 38, ch. 2006-217.
Note.—Created from former s. 734.05.
2023 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) › 733.806 - Advancement.

733.806 Advancement.—If a person dies intestate, property that the decedent gave during lifetime to an heir is treated as an advancement against the heir’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir. The property advanced shall be valued at the time the heir came into possession or enjoyment of the property or at the time of the death of the decedent, whichever first occurs. If the recipient of the property does not survive the decedent, the property shall not be taken into account in computing the intestate share to be received by the recipient’s descendants unless the declaration or acknowledgment provides otherwise.
History.—s. 1, ch. 74-106; s. 1021, ch. 97-102; s. 157, ch. 2001-226.
Note.—Created from former s. 734.07.
2023 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) › 733.809 - Right of retainer.

733.809 Right of retainer.—The amount of a noncontingent indebtedness due from a beneficiary to the estate or its present value, if not due, may be offset against that beneficiary’s interest. However, that beneficiary shall have the benefit of any defense that would be available in a direct proceeding for recovery of the debt.
History.—s. 1, ch. 74-106; s. 39, ch. 77-87; s. 1022, ch. 97-102; s. 159, ch. 2001-226.
2023 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) › 733.810 - Distribution in kind; valuation.

733.810 Distribution in kind; valuation.—
(1) Assets shall be distributed in kind unless:
(a) A general power of sale is conferred;
(b) A contrary intention is indicated by the will or trust; or
(c) Disposition is made otherwise under the provisions of this code.
(2) Any pecuniary devise, family allowance, or other pecuniary share of the estate or trust may be satisfied in kind if:
(a) The person entitled to payment has not demanded cash;
(b) The property is distributed at fair market value as of its distribution date; and
(c) No residuary devisee has requested that the asset remain a part of the residuary estate.
(3) When not practicable to distribute undivided interests in a residuary asset, the asset may be sold.
(4) When the fiduciary under a will or trust is required, or has an option, to satisfy a pecuniary devise or transfer in trust, to or for the benefit of the surviving spouse, with an in-kind distribution, at values as finally determined for federal estate tax purposes, the fiduciary shall, unless the governing instrument otherwise provides, satisfy the devise or transfer in trust by distribution of assets, including cash, fairly representative of the appreciated or depreciated value of all property available for that distribution, taking into consideration any gains and losses realized from a prior sale of any property not devised specifically, generally, or demonstratively.
(5) A personal representative or a trustee is authorized to distribute any distributable assets, non-pro rata among the beneficiaries subject to the fiduciary’s duty of impartiality.
History.—s. 1, ch. 74-106; s. 92, ch. 75-220; s. 40, ch. 77-87; s. 160, ch. 2001-226.
Note.—Created from former s. 734.031.
2023 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) › 733.811 - Distribution; right or title of distributee.

733.811 Distribution; right or title of distributee.—If a distributee receives from a fiduciary an instrument transferring assets in kind, payment in distribution, or possession of specific property, the distributee has succeeded to the estate’s interest in the assets as against all persons interested in the estate. However, the fiduciary may recover the assets or their value if the distribution was improper.
History.—s. 1, ch. 74-106; s. 161, ch. 2001-226.
2023 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) › 733.812 - Improper distribution or payment; liability of distributee or payee.

733.812 Improper distribution or payment; liability of distributee or payee.—A distributee or a claimant who was paid improperly must return the assets or funds received, and the income from those assets or interest on the funds since distribution or payment, unless the distribution or payment cannot be questioned because of adjudication, estoppel, or limitations. If the distributee or claimant does not have the property, its value at the date of disposition, income thereon, and gain received by the distributee or claimant must be returned.
History.—s. 1, ch. 74-106; s. 92, ch. 75-220; s. 1023, ch. 97-102; s. 162, ch. 2001-226.
2023 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) › 733.813 - Purchasers from distributees protected.

733.813 Purchasers from distributees protected.—If property distributed in kind, or a security interest in that property, is acquired by a purchaser or lender for value from a distributee, the purchaser or lender takes title free of any claims of the estate and incurs no personal liability to the estate, whether or not the distribution was proper. The purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind.
History.—s. 1, ch. 74-106; s. 163, ch. 2001-226.
2023 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) › 733.814 - Partition for purpose of distribution.

733.814 Partition for purpose of distribution.—When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before the estate is closed to partition the property in the same manner as provided by law for civil actions of partition. The court may direct the personal representative to sell any property that cannot be partitioned without prejudice to the owners and that cannot be allotted equitably and conveniently.
History.—s. 1, ch. 74-106; s. 164, ch. 2001-226.
2023 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) › 733.815 - Private contracts among interested persons.

733.815 Private contracts among interested persons.—Subject to the rights of creditors and taxing authorities, interested persons may agree among themselves to alter the interests, shares, or amounts to which they are entitled in a written contract executed by them. The personal representative shall abide by the terms of the contract, subject to the personal representative’s obligation to administer the estate for the benefit of interested persons who are not parties to the contract, and to pay costs of administration. Trustees of a testamentary trust are interested persons for the purposes of this section. Nothing in this section relieves trustees of any duties owed to beneficiaries of trusts.
History.—s. 1, ch. 74-106; s. 94, ch. 75-220; s. 1024, ch. 97-102; s. 165, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part IX - Closing Estates (Ss. 733.901, 733.903) › 733.901 - Final discharge.

733.901 Final discharge.—
(1) After administration has been completed, the personal representative shall be discharged.
(2) The discharge of the personal representative shall release the personal representative and shall bar any action against the personal representative, as such or individually, and the surety.
History.—s. 1, ch. 74-106; s. 96, ch. 75-220; s. 42, ch. 77-87; s. 1, ch. 77-174; s. 6, ch. 81-27; s. 29, ch. 95-401; s. 1027, ch. 97-102; s. 168, ch. 2001-226.
Note.—Created from former s. 734.22.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part IX - Closing Estates (Ss. 733.901, 733.903) › 733.903 - Subsequent administration.

733.903 Subsequent administration.—The final settlement of an estate and the discharge of the personal representative shall not prevent further administration. The order of discharge may not be revoked based upon the discovery of a will or later will.
History.—s. 1, ch. 74-106; s. 96, ch. 75-220; s. 1, ch. 88-110; s. 169, ch. 2001-226.
Note.—Created from former s. 734.26.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration › Part I - General Provisions (Ss. 734.101-734.104) › 734.101 - Foreign personal representative.

734.101 Foreign personal representative.—
(1) Personal representatives who produce authenticated copies of probated wills or letters of administration duly obtained in any state or territory of the United States may maintain actions in the courts of this state.
(2) Personal representatives appointed in any state or country may be sued in this state concerning property in this state and may defend actions or proceedings brought in this state.
(3) Debtors who have not received a written demand for payment from a personal representative or curator appointed in this state within 90 days after appointment of a personal representative in any other state or country, and whose property in Florida is subject to a mortgage or other lien securing the debt held by the foreign personal representative, may pay the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative. Thereafter, a satisfaction of the mortgage or lien executed by the foreign personal representative, with an authenticated copy of the letters or other evidence of authority attached, may be recorded in the public records. The satisfaction shall be an effective discharge of the mortgage or lien, irrespective of whether the debtor making payment had received a written demand before paying the debt.
(4) Except as provided in s. 655.936, all persons indebted to the estate of a decedent, or having possession of personal property belonging to the estate, who have received no written demand from a personal representative or curator appointed in this state for payment of the debt or the delivery of the property are authorized to pay the debt or to deliver the personal property to the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative.
History.—s. 1, ch. 74-106; s. 98, ch. 75-220; s. 1028, ch. 97-102; s. 170, ch. 2001-226; s. 110, ch. 2002-1; s. 16, ch. 2007-74.
Note.—Created from former s. 734.30.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration › Part I - General Provisions (Ss. 734.101-734.104) › 734.102 - Ancillary administration.

734.102 Ancillary administration.—
(1) If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida. Otherwise, the foreign personal representative of the decedent’s estate shall be entitled to have letters issued, if qualified to act in Florida. If the foreign personal representative is not qualified to act in Florida and the will names an alternate or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued. Otherwise, those entitled to a majority interest of the Florida property may have letters issued to a personal representative selected by them who is qualified to act in Florida. If the decedent dies intestate and the foreign personal representative is not qualified to act in Florida, the order of preference for appointment of a personal representative as prescribed in this code shall apply. If ancillary letters are applied for by other than the domiciliary personal representative, prior notice shall be given to any domiciliary personal representative.
(2) Ancillary administration shall be commenced as provided by the Florida Probate Rules.
(3) If the will and any codicils are executed as required by the code, they shall be admitted to probate.
(4) The ancillary personal representative shall give bond as do personal representatives generally. All proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible.
(5) Unless creditors’ claims are otherwise barred by s. 733.710, the ancillary personal representative shall cause a notice to creditors to be served and published according to the requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702.
(6) After the payment of all expenses of administration and claims against the estate, the court may order the remaining property held by the ancillary personal representative transferred to the foreign personal representative or distributed to the beneficiaries.
(7) Ancillary personal representatives shall have the same rights, powers, and authority as other personal representatives in Florida to manage and settle estates; to sell, lease, or mortgage local property; and to raise funds for the payment of debts, claims, and devises in the domiciliary jurisdiction. No property shall be sold, leased, or mortgaged to pay a debt or claim that is barred by any statute of limitation or of nonclaim of this state.
History.—s. 1, ch. 74-106; s. 98, ch. 75-220; s. 43, ch. 77-87; s. 1, ch. 77-174; s. 1029, ch. 97-102; s. 171, ch. 2001-226.
Note.—Created from former s. 734.31.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration › Part I - General Provisions (Ss. 734.101-734.104) › 734.1025 - Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims.

734.1025 Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims.—
(1) When a nonresident decedent dies testate and leaves property subject to administration in this state the gross value of which does not exceed $50,000 at the date of death, the foreign personal representative of the estate before the expiration of 2 years after the decedent’s death may file in the circuit court of the county where any property is located an authenticated transcript of so much of the foreign proceedings as will show the will and beneficiaries of the estate, as provided in the Florida Probate Rules. The court shall admit the will and any codicils to probate if they comply with s. 732.502(1), (2), or (3).
(2) The foreign personal representative may cause a notice to creditors to be served and published according to the relevant requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702. If any claim is filed, a personal representative shall be appointed as provided in the Florida Probate Rules.
History.—s. 1, ch. 80-203; s. 10, ch. 89-340; s. 1030, ch. 97-102; s. 79, ch. 99-3; s. 172, ch. 2001-226; s. 12, ch. 2003-154.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration › Part I - General Provisions (Ss. 734.101-734.104) › 734.104 - Foreign wills; admission to record; effect on title.

734.104 Foreign wills; admission to record; effect on title.—
(1) An authenticated copy of the will of a nonresident that devises real property in this state, or any right, title, or interest in the property, may be admitted to record in any county of this state where the property is located at any time after 2 years from the death of the decedent or at any time after the domiciliary personal representative has been discharged if there has been no proceeding to administer the estate of the decedent in this state, provided:
(a) The will was executed as required by chapter 732; and
(b) The will has been admitted to probate in the proper court of any other state, territory, or country.
(2) A petition to admit a foreign will to record may be filed by any person and shall be accompanied by authenticated copies of the foreign will, the petition for probate, and the order admitting the will to probate. If no petition is required as a prerequisite to the probate of a will in the jurisdiction where the will of the nonresident was probated, upon proof by affidavit or certificate that no petition is required, an authenticated copy of the will may be admitted to record without an authenticated copy of a petition for probate, and the order admitting the will to record in this state shall recite that no petition was required in the jurisdiction of original probate.
(3) If the court finds that the requirements of this section have been met, it shall enter an order admitting the foreign will to record.
(4) When admitted to record, the foreign will shall be as valid and effectual to pass title to real property and any right, title, or interest therein as if the will had been admitted to probate in this state.
History.—s. 3, ch. 74-106; s. 98, ch. 75-220; s. 45, ch. 77-87; s. 229, ch. 77-104; s. 15, ch. 79-221; s. 274, ch. 79-400; s. 11, ch. 89-340; s. 173, ch. 2001-226.
Note.—Created from former s. 736.06.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration › Part II - Jurisdiction Over Foreign Personal Representatives (Ss. 734.201, 734.202) › 734.201 - Jurisdiction by act of foreign personal representative.

734.201 Jurisdiction by act of foreign personal representative.—A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding concerning the estate by:
(1) Filing authenticated copies of the domiciliary proceedings under s. 734.104;
(2) Receiving payment of money or taking delivery of personal property, under s. 734.101; or
(3) Doing any act as a personal representative in this state that would have given the state jurisdiction over that person as an individual.
History.—s. 1, ch. 74-106; s. 99, ch. 75-220; s. 1031, ch. 97-102; s. 174, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 734 - Probate Code: Foreign Personal Representatives; Ancillary Administration › Part II - Jurisdiction Over Foreign Personal Representatives (Ss. 734.201, 734.202) › 734.202 - Jurisdiction by act of decedent.

734.202 Jurisdiction by act of decedent.—In addition to jurisdiction conferred by s. 734.201, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately before death.
History.—s. 1, ch. 74-106; s. 1032, ch. 97-102; s. 175, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 735 - Probate Code: Small Estates › Part I - Summary Administration (Ss. 735.201-735.2063) › 735.201 - Summary administration; nature of proceedings.

735.201 Summary administration; nature of proceedings.—Summary administration may be had in the administration of either a resident or nonresident decedent’s estate, when it appears:
(1) In a testate estate, that the decedent’s will does not direct administration as required by chapter 733.
(2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years.
History.—s. 1, ch. 74-106; s. 105, ch. 75-220; s. 2, ch. 80-203; s. 13, ch. 89-340; s. 179, ch. 2001-226.