Florida Statute 733.609 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.609

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.

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F.S. 733.609 on CourtListener

Amendments to 733.609

Annotations, Discussions, Cases:

Cases Citing Statute 733.609

Total Results: 48

Blatt v. Green, Rose, Kahn & Piotrkowski

456 So. 2d 949

District Court of Appeal of Florida | Filed: Sep 18, 1984 | Docket: 1447592

Cited 22 times | Published

resulted from the breach of this fiduciary duty. § 733.609. See In Re Francis' Estate, 153 Fla. 360, 14 So

Beck v. Beck

383 So. 2d 268

District Court of Appeal of Florida | Filed: May 6, 1980 | Docket: 1512413

Cited 15 times | Published

representative personally liable pursuant to Section 733.609, Florida Statutes (1977). [4] The order also

Van Dusen v. Southeast First Nat. Bank

478 So. 2d 82, 228 U.S.P.Q. (BNA) 19

District Court of Appeal of Florida | Filed: Oct 29, 1985 | Docket: 1484675

Cited 12 times | Published

fidelity of personal representatives. See generally § 733.609, Fla. Stat. (1983). We conclude that the legislature

In Re Estate of Simon

549 So. 2d 210, 1989 WL 97671

District Court of Appeal of Florida | Filed: Aug 22, 1989 | Docket: 1719663

Cited 7 times | Published

awarding attorney's fees. The award was based on section 733.609, Florida Statutes (1987) and section 733.106(3)

In Re Estate of Pearce

507 So. 2d 729, 12 Fla. L. Weekly 1304, 1987 Fla. App. LEXIS 8304

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 1659425

Cited 5 times | Published

615. Appellees point out that according to section 733.609, Florida Statutes (1983), a personal representative

State v. Lahurd

632 So. 2d 1101, 1994 WL 60835

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 1514026

Cited 4 times | Published

exercises his power improperly or in bad faith. § 733.609, Fla. Stat. (1993).[3] The fact that a personal

Reshard v. Britt

819 F.2d 1573, 56 U.S.L.W. 2030

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 1987 | Docket: 66225645

Cited 4 times | Published

extent as is a trustee of an express trust. F.S. § 733.609. The right of a party to bring an action in federal

Reshard v. Britt

819 F.2d 1573, 56 U.S.L.W. 2030

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 1987 | Docket: 66225645

Cited 4 times | Published

extent as is a trustee of an express trust. F.S. § 733.609. The right of a party to bring an action in federal

Huguenor v. Huguenor

420 So. 2d 344

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 1711407

Cited 4 times | Published

personally liable to interested persons under section 733.609 and section 733.619(2), Florida Statutes (1979)

Estate of Kester v. Rocco

117 So. 3d 1196, 2013 WL 3155849, 2013 Fla. App. LEXIS 9927

District Court of Appeal of Florida | Filed: Jun 24, 2013 | Docket: 60232578

Cited 3 times | Published

and litigation costs must also be reversed. See § 733.609(1), (2), Fla. Stat. Accordingly, we REVERSE the

Langer v. Fels

93 So. 3d 1069, 2012 WL 2327921, 2012 Fla. App. LEXIS 9949

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60310423

Cited 3 times | Published

services have been rendered to an estate; (ii) section 733.609(1), allowing for fees in actions for breach

Guadalupe v. Peterson

779 So. 2d 494, 2000 WL 1781448

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 2544887

Cited 3 times | Published

extent as a trustee of an express trust. See § 733.609, Fla. Stat. (1997); Pearson v. DeLamerens, 656

Amendments to Florida Probate Rules

683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Supreme Court of Florida | Filed: Oct 3, 1996 | Docket: 466033

Cited 3 times | Published

after notice to all interested persons, and by section 733.609, Florida Statutes, involving bad faith actions

Stokus v. Phillips

651 So. 2d 1244, 1995 WL 96813

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 476644

Cited 3 times | Published

attorney's fees and costs in accordance with section 733.609, Florida Statutes (1991).[2] Phillips reacted

Brake v. Murphy

636 So. 2d 72, 1994 WL 90394

District Court of Appeal of Florida | Filed: Mar 22, 1994 | Docket: 1361469

Cited 3 times | Published

appeals an order surcharging her pursuant to section 733.609, Florida Statutes (1991), for negligence and

Sullivan v. Department of Transp.

595 So. 2d 219, 1992 WL 35374

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 1298811

Cited 3 times | Published

individual claims. [4] We have not ignored section 733.609, Florida Statutes (1987) which permits an action

Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul

152 So. 3d 650, 2014 Fla. App. LEXIS 18086, 2014 WL 5611595

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592849

Cited 2 times | Published

602(1), Fla. Stat. (2014); see also § 733.609(1), Fla. Stat. (2014) (“A personal representative’s

In Re Amendments to the Florida Probate Rules

73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2359764

Cited 2 times | Published

representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach

Anderson v. Anderson

468 So. 2d 528, 10 Fla. L. Weekly 1203

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 2528074

Cited 2 times | Published

amount of $4,700 against appellant pursuant to section 733.609, Florida Statutes (1983) for the Petition for

Van Vechten v. Anyzeski

157 So. 3d 350, 2015 Fla. App. LEXIS 722, 2015 WL 248731

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60246058

Cited 1 times | Published

may be awarded as in chancery actions.” • Section 733.609(1) states, in pertinent part: “In all actions

Price v. Price (In Re Stalnaker)

19 B.R. 784, 1982 Bankr. LEXIS 4377

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 7, 1982 | Docket: 1781120

Cited 1 times | Published

found plaintiff was entitled under § 733.106 and § 733.609, Florida Statutes, to her reasonable costs and

Kimberly Swoyer Brush, Esquire, as Personal Representative of the Estate of Frederick Eugene Swoyer v. Kelly DiMaria Coppelli

District Court of Appeal of Florida | Filed: Feb 14, 2025 | Docket: 69640879

Published

the “damage or loss resulting from the breach.” § 733.609(1), Fla. Stat. (2003); see, e.g., Kinchla v. Ran

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

order. -7- § 733.609, Fla. Stat. Improper exercise of power; breach

JOHN W. RICH, JR., etc. v. JUDITH R. NAROG

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65363937

Published

representative’s alleged breach of his fiduciary duties. See § 733.609(1), Fla. Stat. (2011) (“A personal representative’s

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

- notice to all interested persons, and by section 733.609, Florida Statutes, involving bad faith actions

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

- notice to all interested persons, and by section 733.609, Florida Statutes, involving bad faith actions

Hernandez v. Hernandez

266 So. 3d 1245

District Court of Appeal of Florida | Filed: Feb 19, 2019 | Docket: 64708561

Published

PER CURIAM. AFFIRMED. See § 733.609(1), Fla. Stat. (2016) ("A personal representative's fiduciary duty

Hernandez v. Hernandez

266 So. 3d 1245

District Court of Appeal of Florida | Filed: Feb 19, 2019 | Docket: 64708560

Published

PER CURIAM. AFFIRMED. See § 733.609(1), Fla. Stat. (2016) ("A personal representative's fiduciary duty

In RE: AMENDMENTS TO the FLORIDA PROBATE RULES-2018 FAST-TRACK REPORT.

253 So. 3d 983

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943255

Published

representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach

Lowell Amey Van Vechten, as personal representative and trustee of the Estate of Nicola H. Amey v. Erica Anyzeski, as personal representative of the Estate of Milton Lain Benjamin

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 2626281

Published

be awarded as in chancery actions.”  Section 733.609(1) states, in pertinent part: “In all actions

Kaplan v. Kaplan

903 F. Supp. 2d 1304, 2012 WL 5396204, 2012 U.S. Dist. LEXIS 161480

District Court, M.D. Florida | Filed: Oct 30, 2012 | Docket: 65986323

Published

worse than merely "inconvenient.” . Under Section 733.609(1), Florida Statutes, a personal representative

Bonney v. Bonney

94 So. 3d 702, 2012 WL 3326942, 2012 Fla. App. LEXIS 13561

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60310966

Published

106(3), Florida Statutes (2010). We reverse. Section 733.609 is inapplicable since the third party complaint

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach

Cabana v. Kurzon (In Re Kurzon)

399 B.R. 274, 2008 WL 5411578

United States Bankruptcy Court, M.D. Florida | Filed: Apr 12, 2008 | Docket: 1490617

Published

resulting from the breach of this duty. Fla. Stat. § 733.609(1). No provision of the Probate Code indicates

MacDonald v. Mauriello

920 So. 2d 190, 2006 Fla. App. LEXIS 1804, 2006 WL 334998

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 64842184

Published

damage or loss resulting from that breach. See § 733.609; see also Landon v. Isler, 681 So.2d 755 (Fla

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach

Amendments to Florida Probate Rules

807 So. 2d 622, 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

Supreme Court of Florida | Filed: Oct 11, 2001 | Docket: 64812578

Published

representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach

Salomon v. Salomon

791 So. 2d 1150, 2001 Fla. App. LEXIS 9172, 2001 WL 746703

District Court of Appeal of Florida | Filed: Jul 5, 2001 | Docket: 64807570

Published

below, must be imposed against her pursuant to section 733.609 Florida Statutes (2000).3 Reversed and remanded

Brake v. Murphy

749 So. 2d 1278, 2000 Fla. App. LEXIS 1712, 2000 WL 201449

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 64794484

Published

her capacity as personal representative. See § 733.609, Florida Statutes (1987). For present purposes

Furlong v. Raimi

735 So. 2d 583, 1999 Fla. App. LEXIS 8316, 1999 WL 438842

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64788900

Published

Landon is misplaced. The Landon court construed section 733.609, Florida Statutes (1993)2, not section 733

Solow v. Gotthelf

720 So. 2d 1171, 1998 Fla. App. LEXIS 14901, 1998 WL 824076

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64784402

Published

CURIAM. Affirmed. § 733.106(1), Fla.Stat. (1997); § 733.609, Fla.Stat. (1997); Dayton v. Conger, 448 So.2d

Lamb v. Lamb

763 So. 2d 363, 1998 Fla. App. LEXIS 9530, 1998 WL 422298

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 64799005

Published

over several years, was more than $30,000. Section 733.609, Florida Statutes (1993) provides: If the exercise

Landon v. Isler

681 So. 2d 755, 1996 Fla. App. LEXIS 9138, 1996 WL 491854

District Court of Appeal of Florida | Filed: Aug 30, 1996 | Docket: 64768416

Published

(count I) as well as damages, pursuant to section 733.609, Florida Statutes (1993), for breach of fiduciary

Phipps v. Estate of Burdine

586 So. 2d 381, 1991 Fla. App. LEXIS 7732, 1991 WL 148348

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 64661758

Published

potential to be quite limited actually. While section 733.609 provides that “[i]f the exercise of power concerning

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

representative to proceed without court order. F.S. 733.609 Improper exercise of power; breach of fiduciary

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

representative to proceed without court order. F.S. 733.609 Improper exercise of power; breach of fiduciary

In re Estate of Novick

526 So. 2d 200, 13 Fla. L. Weekly 1366, 1988 Fla. App. LEXIS 2475, 1988 WL 56508

District Court of Appeal of Florida | Filed: Jun 8, 1988 | Docket: 64635220

Published

(1985). The claim for attorney’s fees under section 733.609, Florida Statutes (1985) filed by the out-of-state

Valleskey v. Flagship National Bank of Miami

508 So. 2d 541, 12 Fla. L. Weekly 1486, 1987 Fla. App. LEXIS 8824

District Court of Appeal of Florida | Filed: Jun 16, 1987 | Docket: 64627849

Published

for review denied, 476 So.2d 672 (Fla.1985); § 733.609, Fla.Stat. (1985) (“In all actions challenging