733.602
General duties.
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733.602 General duties.—
(1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of the decedent’s will and this code as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the authority in the will, if any, and the authority of any order of the court, for the best interests of interested persons, including creditors.
(2) A personal representative shall not be liable for any act of administration or distribution if the act was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a proceeding challenging intestacy or a proceeding questioning the appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of interested persons.
History.—s. 1, ch. 74-106; s. 74, ch. 75-220; s. 27, ch. 77-87; s. 1, ch. 77-174; s. 270, ch. 79-400; s. 3, ch. 89-340; s. 1001, ch. 97-102; s. 125, ch. 2001-226; s. 37, ch. 2006-217; s. 11, ch. 2009-115.
Notes of Decisions
Cited in 45
cases (3 in the last 5 years), 1977–2025 · leading case: Thompson v. Hodson
Thompson v. Hodson (2002)
“§ 733.602(1), Fla. Stat. (1993). Before the personal representative disburses moneys recovered for wrongful death, "[a]ttorneys' fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate.”
Cabana v. Kurzon (In Re Kurzon) (2008)
“Fla. Stat. § 733.602 (1). 21 He was required to “take all steps reasonably necessary for the management, protection, and preservation of the estate.”
Fletcher v. Valdes (In Re Valdes) (1989)
“A personal representative in a probate proceeding is a fiduciary based upon Florida Statute § 733.602. The personal representative has the same fiduciary standard of care applicable to trustees of an express trust under Florida law (Section 733.”
Wolf Sanitary Wiping Cloth, Inc. v. Wolf (1988)
“§ 733.602(1), Fla. Stat. (1985). The Florida supreme court made clear in Galatis v.”
Amendments to the Florida Probate Rules (2003)
“§ 733.602(1), Fla. Stat. General duties. § 733.”
In Re Estate of Pearce (1987)
“" Section 733.602 is headed "General duties"; section 733.”
State v. Lahurd (1994)
“§ 733.602(1), Fla. Stat. (1991). See also Wohl v.”
Mims v. Miller (1987)
“§ 733.602(1), Fla. Stat. (1985). Mims also established a meritorious defense.”
Cloninger v. Cloninger (In re Cloninger) (2016)
“Fla. Stat. Ann. § 733.602 (1) provides, “A personal representative is a fiduciary who must observe the standards of care applicable to trustees.”
Wiggins v. Estate of Wright (2001)
“§ 733.602(1), Fla.Stat. (1997); Guadalupe v.”
Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul (2014)
“” § 733.602(1), Fla. Stat. (2014); see also § 733.”
In Re Estate of Montanez (1997)
“" § 733.602(1), Fla. Stat. Furthermore, a personal representative has the authority to "[p]rosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of his duties.”
— 733.602(1) — 29 cases
Thompson v. Hodson (2002)
“§ 733.602(1), Fla. Stat. (1993). Before the personal representative disburses moneys recovered for wrongful death, "[a]ttorneys' fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate.”
Wolf Sanitary Wiping Cloth, Inc. v. Wolf (1988)
“§ 733.602(1), Fla. Stat. (1985). The Florida supreme court made clear in Galatis v.”
Amendments to the Florida Probate Rules (2003)
“§ 733.602(1), Fla. Stat. General duties. § 733.”
State v. Lahurd (1994)
“§ 733.602(1), Fla. Stat. (1991). See also Wohl v.”
Mims v. Miller (1987)
“§ 733.602(1), Fla. Stat. (1985). Mims also established a meritorious defense.”
— 733.602(2) — 1 case
MacDonald v. Mauriello (2006)
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