Florida Statute 733.612 - 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. 733.612

733.612 Transactions authorized for the personal representative; exceptions.—Except as otherwise provided by the will or court order, and subject to the priorities stated in s. 733.805, without court order, a personal representative, acting reasonably for the benefit of the interested persons, may properly:

(1) Retain assets owned by the decedent, pending distribution or liquidation, including those in which the personal representative is personally interested or that are otherwise improper for fiduciary investments.

(2) Perform or compromise, or, when proper, refuse to perform, the decedent’s contracts. In performing the decedent’s enforceable contracts to convey or lease real property, among other possible courses of action, the personal representative may:

(a) Convey the real property for cash payment of all sums remaining due or for the purchaser’s note for the sum remaining due, secured by a mortgage on the property.

(b) Deliver a deed in escrow, with directions that the proceeds, when paid in accordance with the escrow agreement, be paid as provided in the escrow agreement.

(3) Receive assets from fiduciaries or other sources.

(4) Invest funds as provided in ss. 518.10-518.14, considering the amount to be invested, liquidity needs of the estate, and the time until distribution will be made.

(5) Acquire or dispose of an asset, excluding real property in this or another state, for cash or on credit and at public or private sale, and manage, develop, improve, exchange, partition, or change the character of an estate asset.

(6) Make ordinary or extraordinary repairs or alterations in buildings or other structures; demolish improvements; or erect new party walls or buildings.

(7) Enter into a lease, as lessor or lessee, for a term within, or extending beyond, the period of administration, with or without an option to renew.

(8) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

(9) Abandon property when it is valueless or so encumbered, or in a condition, that it is of no benefit to the estate.

(10) Vote, or refrain from voting, stocks or other securities in person or by general or limited proxy.

(11) Pay calls, assessments, and other sums chargeable or accruing against, or on account of, securities, unless barred by the provisions relating to claims.

(12) Hold property in the name of a nominee or in other form without disclosure of the interest of the estate, but the personal representative is liable for any act of the nominee in connection with the property so held.

(13) Insure the assets of the estate against damage or loss and insure against personal and fiduciary liability to third persons.

(14) Borrow money, with or without security, to be repaid from the estate assets or otherwise, other than real property, and advance money for the protection of the estate.

(15) Extend, renew, or in any manner modify any obligation owing to the estate. If the personal representative holds a mortgage, security interest, or other lien upon property of another person, he or she may accept a conveyance or transfer of encumbered assets from the owner in satisfaction of the indebtedness secured by its lien instead of foreclosure.

(16) Pay taxes, assessments, and other expenses incident to the administration of the estate.

(17) Sell or exercise stock subscription or conversion rights or consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise.

(18) Allocate items of income or expense to either estate income or principal, as permitted or provided by law.

(19) Employ persons, including, but not limited to, attorneys, accountants, auditors, appraisers, investment advisers, and others, even if they are one and the same as the personal representative or are associated with the personal representative, to advise or assist the personal representative in the performance of administrative duties; act upon the recommendations of those employed persons without independent investigation; and, instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary. Any fees and compensation paid to a person who is the same as, associated with, or employed by, the personal representative shall be taken into consideration in determining the personal representative’s compensation.

(20) Prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate, of the decedent’s property, and of the personal representative.

(21) Sell, mortgage, or lease any personal property of the estate or any interest in it for cash, credit, or for part cash or part credit, and with or without security for the unpaid balance.

(22) Continue any unincorporated business or venture in which the decedent was engaged at the time of death:

(a) In the same business form for a period of not more than 4 months from the date of appointment, if continuation is a reasonable means of preserving the value of the business, including good will.

(b) In the same business form for any additional period of time that may be approved by court order.

(23) Provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate.

(24) Satisfy and settle claims and distribute the estate as provided in this code.

(25) Enter into agreements with the proper officer or department head, commissioner, or agent of any department of the government of the United States, waiving the statute of limitations concerning the assessment and collection of any federal tax or any deficiency in a federal tax.

(26) Make partial distribution to the beneficiaries of any part of the estate not necessary to satisfy claims, expenses of administration, taxes, family allowance, exempt property, and an elective share, in accordance with the decedent’s will or as authorized by operation of law.

(27) Execute any instruments necessary in the exercise of the personal representative’s powers.

History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 3, ch. 76-172; s. 31, ch. 77-87; s. 1, ch. 77-174; s. 271, ch. 79-400; s. 1009, ch. 97-102; s. 135, ch. 2001-226; s. 7, ch. 2020-67.

F.S. 733.612 on Google Scholar

F.S. 733.612 on CourtListener

Amendments to 733.612

Annotations, Discussions, Cases:

Cases Citing Statute 733.612

Total Results: 35

Beck v. Beck

383 So. 2d 268

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

Cited 15 times | Published

largely declaratory of the prior decisional law. Section 733.612(22), Florida Statutes (Supp. 1976) authorizes

Allen v. Estate of Dutton

394 So. 2d 132

District Court of Appeal of Florida | Filed: Dec 3, 1980 | Docket: 1692079

Cited 11 times | Published

Bar v. Shannon, 376 So.2d 858 (Fla. 1979); see § 733.612(20), Fla. Stat. (1979). [11] Live and Let Live

United States v. Estate of Schoenfeld

344 F. Supp. 3d 1354

District Court, M.D. Florida | Filed: Sep 25, 2018 | Docket: 64321469

Cited 10 times | Published

2017) (citation omitted); see also Fla. Stat. § 733.612(20). Despite this, the Government contends that

In Re Estate of Catapane

759 So. 2d 9, 2000 WL 257099

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 1736345

Cited 10 times | Published

personal representative's power to hire counsel. See § 733.612(19), Fla. Stat. Section 768.26 provides for payment

Gunderson v. School Dist. of Hillsborough

937 So. 2d 777, 2006 WL 2612678

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 116731

Cited 9 times | Published

for the performance of a duty. In addition, section 733.612(2), Florida Statutes (2004), authorizes a personal

Estate of Conger v. Conger

414 So. 2d 230

District Court of Appeal of Florida | Filed: May 4, 1982 | Docket: 1357655

Cited 9 times | Published

representative under the Florida Probate Code. Section 733.612(10), Florida Statutes (1979). McIver insists

Estate of Brock

695 So. 2d 714, 1996 WL 419325

District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 52241

Cited 8 times | Published

section 733.6171 does not apply. However, section 733.612(19), Florida Statutes (1993), authorizes the

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

refers to his control of the estate's assets; section 733.612 identifies a large number of transactions authorized

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

No other purposes are specified. Although section 733.612, Florida Statutes (1991) permits the personal

In Re Estate of Montanez

687 So. 2d 943

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 1718653

Cited 3 times | Published

representative in the performance of his duties." § 733.612(20), Fla. Stat. When settling a claim against

Wohl v. Lewy

505 So. 2d 525, 12 Fla. L. Weekly 889

District Court of Appeal of Florida | Filed: Mar 31, 1987 | Docket: 1454803

Cited 3 times | Published

another. §§ 733.602, 737.302, Fla. Stat. (1985). Section 733.612(21), Florida Statutes (1985), provides that

Bookman v. Davidson

136 So. 3d 1276, 2014 WL 1772707, 2014 Fla. App. LEXIS 6472

District Court of Appeal of Florida | Filed: May 5, 2014 | Docket: 60239968

Cited 2 times | Published

representative’s exercise of her or his duties, section 733.612, Florida Statutes, governs the transactions

Ray v. Rotella

425 So. 2d 94, 1982 Fla. App. LEXIS 22000

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 64594634

Cited 2 times | Published

over the property of the estate are limited. § 733.612, Fla.Stat. (1981). In the absence of a will, the

Harrell v. Badger

171 So. 3d 764, 2015 Fla. App. LEXIS 11183

District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 60249832

Cited 1 times | Published

wherein the Third District Court applied section 733.612(21), Florida Statutes (1985). In Wohl, the

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

§ 733.602(1), Fla. Stat. General duties. *149 § 733.612(18), Fla. Stat. Transactions authorized for the

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

§ 733.602(1), Fla. Stat. General duties. *149 § 733.612(18), Fla. Stat. Transactions authorized for the

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299022

Published

references amended. Statutory References § 733.612(20), Fla. Stat. Transactions authorized for the

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333564

Published

references amended. Statutory References § 733.612(20), Fla. Stat. Transactions authorized for the

Ammar Al Batha, as Personal etc. v. State of Florida, Agency for Health Care etc.

263 So. 3d 817

District Court of Appeal of Florida | Filed: Jan 14, 2019 | Docket: 8494334

Published

deceased person is the personal representative. See § 733.612(20), Fla. Stat. (2016); Fla. R. Civ. P. 1.210(a)

Syfrett v. Syfrett-Moore

115 So. 3d 1127, 2013 WL 3389547, 2013 Fla. App. LEXIS 10926

District Court of Appeal of Florida | Filed: Jul 9, 2013 | Docket: 60232113

Published

co-personal representatives of the Estate. See § 733.612(20), Fla. Stat. (2010) (providing that the personal

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

ridiculously low amount.” (Doc. 43, ¶ 27) Section 733.612(24), Florida Statutes, grants a personal representative

Levine v. Horwitz

67 So. 3d 1145, 2011 Fla. App. LEXIS 12096, 2011 WL 3300243

District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 2354296

Published

within the terms *1147 of section 61.16); see also § 733.612(20), Fla. Stat. (2009) (providing that "a personal

LAURITSEN v. Wallace

67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 2361301

Published

the decedent's business, in accordance with section 733.612(22), but only to extent of the assets of that

In Re Amendments to the Florida Probate Rules

50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

and accountings; public records exemptions. § 733.612(5), (22), (24), Fla. Stat. Transactions authorized

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

this assumption is incorrect. Pursuant to section 733.612, Florida Statutes (2002), the personal representative

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

removal. § 733.602(1), Fla. Stat. General duties. § 733.612(18), Fla. Stat. Transactions authorized for the

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. § 733.604, Fla. Stat. Inventory. § 733.612(5), (22), (24), Fla. Stat. Transactions authorized

Amendments to the Florida Probate Rules

824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Supreme Court of Florida | Filed: May 2, 2002 | Docket: 64817121

Published

removal. § 733.602(1), Fla. Stat. General duties. § 733.612(18), Fla. Stat. Transactions authorized for the

Amendments to the Florida Probate Rules

778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 64803740

Published

value of ancillary assets. Statutory References § 733.612(20), Fla. Stat. Transactions authorized for the

Baker v. Vidoli

751 So. 2d 608, 1999 Fla. App. LEXIS 15609, 1999 WL 1062239

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 64795179

Published

encompasses the sale of such securities. See also § 733.612, Fla. Stat. (1995). The fact that the securities

DiDiego v. Crockett, Franklin & Chasen, P.A.

687 So. 2d 943, 1997 Fla. App. LEXIS 998

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 64771085

Published

representative in the performance of his duties.” § 733.612(20), Fla. Stat. When settling a claim against

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

(Business). (5) F.S. 733.612(24) (Claims), (6) F.S. 733.612(5) (Purchase on Credit). (7) F.S. 733.612(24) (Distribution

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

Committee notes expanded. Statutory References F.S. 733.612(20) Transactions authorized for the personal

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

Committee notes expanded. Statutory References F.S. 733.612(20) Transactions authorized for the personal

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

1984 Revision: New rule. Statutory Reference F.S. 733.612(20) Transactions authorized for the personal