Florida Statute 733.610 - 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. 733.610

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.

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Amendments to 733.610

Annotations, Discussions, Cases:

Cases Citing Statute 733.610

Total Results: 13

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

Notes Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable

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

unenforceable because it was made in violation of Section 733.610, F.S."[4] Thus Ms. Brake was the prevailing

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

Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable

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

Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable

Lehman v. Lucom

78 So. 3d 592, 2012 WL 385486, 2012 Fla. App. LEXIS 1768

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 2356736

Published

voidable.” 95 So.2d 244, 246 (Fla.1957)); see also § 733.610, Fla. Stat. (2010) (explaining that any transfer

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

amended inventory was a legal nullity under section 733.610 Florida Statutes (2000)2. Consequently on remand

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

placed on the property without court approval. See § 733.610, Fla. Stat. The partial summary judgment indicates

Floridstone, N.V. v. Fitzpatrick

606 So. 2d 513, 1992 Fla. App. LEXIS 11276, 1992 WL 310342

District Court of Appeal of Florida | Filed: Oct 28, 1992 | Docket: 64670710

Published

originally approved the settlement distributions. See § 733.-610, Fla.Stat. (1991). Floridstone was present at

Iandoli v. Iandoli

547 So. 2d 666, 14 Fla. L. Weekly 1499, 1989 Fla. App. LEXIS 3526, 1989 WL 65903

District Court of Appeal of Florida | Filed: Jun 21, 1989 | Docket: 64644375

Published

recognition of the potential difficulty posed by section 733.610, Florida Statutes (1985), appellee petitioned

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

Notes Petitions under the rule are governed by F.S. 733.610, under which sales are voidable by interested

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

Notes Petitions under the rule are governed by F.S. 733.610, under which sales are voidable by interested

Stilwell v. Estate of Crosby

519 So. 2d 68, 13 Fla. L. Weekly 305, 1988 Fla. App. LEXIS 283, 1988 WL 4396

District Court of Appeal of Florida | Filed: Jan 28, 1988 | Docket: 64632202

Published

dealing with estate money for his own interests. Section 733.610, Florida Statutes (1985) provides: Any sale

Taylor v. Hopkins

472 So. 2d 1355, 10 Fla. L. Weekly 1823, 1985 Fla. App. LEXIS 14482

District Court of Appeal of Florida | Filed: Jul 25, 1985 | Docket: 64613278

Published

abused its discretion in approving the sale. Section 733.610 provides: Sale, encumbrance or transaction