Florida Statutes

Fla. Stat. § 733.601 (2025)

Time of accrual of duties and powers.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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733.601 Time of accrual of duties and powers.The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment. A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative.
History.s. 1, ch. 74-106; s. 74, ch. 75-220; s. 1000, ch. 97-102; s. 124, ch. 2001-226.
Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1988–2022 · leading case: Richard & Chernecky v. Richard, 193 So. 3d 964 (Fla. 3d DCA 2016).
Richard & Chernecky v. Richard, 193 So. 3d 964 (Fla. 3d DCA 2016). · cites it 20× “The powers of a personal representative relate back in time to give acts by the person appointed, occurring before appointment'- arid' beneficial to the estate, the same effect as those occurring after appointment. A personal representative may ratify and accept acts on behalf…”
Univ. of Miami v. Wilson, 948 So. 2d 774 (Fla. 3d DCA 2007). · cites it 5× “Section 733.601, Florida Statutes (2002), specifically provides that The duties and powers of a personal representative commence upon appointment.”
Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004). · cites it 2× “"); see also § 733.601, Florida Statutes (1989). [4] Thus, the statutory schemes governing both minor and estate claims contemplate the completion of settlement negotiations prior to court approval.”
Samuel M. Depriest & Dorothy Depriest v. Richard Greeson, as Pers. etc., 213 So. 3d 1022 (Fla. 1st DCA 2017). · cites it 5× “§ 733.601, Fla. Stat. Under the Probate Code, acts performed by the person appointed, “occurring before appointment and beneficial to the estate,” have the same effect as acts taken after appointment.”
Markland v. Insys Therapeutics, Inc., 270 F. Supp. 3d 1318 (M.D. Fla. 2017). · cites it 4× “601 (“The powers of the personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effects as those occurring after appointment.”). With the foregoing, in mind, the Court determines that…”
Roughton v. R.J. Reynolds Tobacco Co., 129 So. 3d 1145 (Fla. 1st DCA 2013). · cites it 5× “But on this point section 733.601, Florida Statutes (1997), controls: The duties and powers of a personal representative commence upon his or.”
Moore v. Moore, 577 So. 2d 1359 (Fla. 2d DCA 1991). · cites it 2× “§ 733.601, Fla.Stat. (1985). Although she has been divested of her authority to transfer assets of the estate, the probate court clearly has existing jurisdiction to require her to perform the reasonable and necessary functions of her position.”
Est. of Reontre'yh Alonzae Pounds v. Miller & Jacobs (Fla. 4th DCA 2022). · cites it 6× “See § 733.601, Fla. Stat. (2020). Cooper is limited by section 733.”
Gregg Rasor v. In Re: Est. of Edward Bernard Rasor (Fla. 4th DCA 2022). · cites it 2× “See § 733.601, Fla. Stat. (2017) (“The duties and powers of a personal representative commence upon appointment.”
Naftel v. Pappas, 68 So. 3d 368 (Fla. 1st DCA 2011). · cites it 2× “235(a)(1), and appointed John T. Marshall as personal representative of the estate.”
Est. of Edward Albart v. Lavastone Capital LLC (D. Del. 2021). “10 at 7-9 (citing Fla. Stat. § 733.601 )). Further, Lavastone explicitly stated that Plaintiffs were “correct” in asserting that courts apply Colorado River abstention, not the first-filed rule or the forum non conveniens doctrine, in situations like the one here where there is…”
Lesser v. Lesser & Sons, Inc., 645 So. 2d 1127 (Fla. 3d DCA 1994). · cites it 2× “§ 733.601, Fla.Stat. (1991); Griffin v. Workman, 73 So.”
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