Florida Statute 733.309 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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733.309 Executor de son tort.—No person shall be liable to a creditor of a decedent as executor de son tort, but any person taking, converting, or intermeddling with the property of a decedent shall be liable to the personal representative or curator, when appointed, for the value of all the property so taken or converted and for all damages to the estate caused by the wrongful action. This section shall not be construed to prevent a creditor of a decedent from suing anyone in possession of property fraudulently conveyed by the decedent to set aside the fraudulent conveyance.

History.—s. 1, ch. 74-106; s. 65, ch. 75-220; s. 991, ch. 97-102; s. 104, ch. 2001-226.

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Cases Citing Statute 733.309

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Albritton v. Est. of Albritton, 731 So. 2d 154 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 5515, 1999 WL 253158

...for himself. Instead, he used the rental income to pay legitimate expenses of the estate. In these circumstances, the order requiring the surrender of the rental income would result in unjust enrichment of the estate. This conclusion is supported by section 733.309, Florida Statutes, (1997), which provides in material part: Executor de son tort....

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