Florida Statutes

Fla. Stat. § 733.602 (2025)

General duties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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, 825 So. 2d 941 (Fla. 1st DCA 2002).

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Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002). · cites it 4× “§ 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), 399 B.R. 274 (Bankr. M.D. Fla. 2008). · cites it 9× “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), 98 B.R. 78 (Bankr. M.D. Fla. 1989). · cites it 2× “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, 526 So. 2d 702 (Fla. 3d DCA 1988). · cites it 2× “§ 733.602(1), Fla. Stat. (1985). The Florida supreme court made clear in Galatis v.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 733.602(1), Fla. Stat. General duties. § 733.”

In Re Est. of Pearce, 507 So. 2d 729 (Fla. 4th DCA 1987). · cites it 2× “" Section 733.602 is headed "General duties"; section 733.”

State v. Lahurd, 632 So. 2d 1101 (Fla. 4th DCA 1994). · cites it 2× “§ 733.602(1), Fla. Stat. (1991). See also Wohl v.”

Mims v. Miller, 513 So. 2d 1120 (Fla. 2d DCA 1987). · cites it 2× “§ 733.602(1), Fla. Stat. (1985). Mims also established a meritorious defense.”

Cloninger v. Cloninger (In re Cloninger), 548 B.R. 839 (Bankr. N.D. Ga. 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. Est. of Wright, 786 So. 2d 1247 (Fla. 5th DCA 2001). · cites it 2× “§ 733.602(1), Fla.Stat. (1997); Guadalupe v.”

Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014). · cites it 2× “” § 733.602(1), Fla. Stat. (2014); see also § 733.”

In Re Est. of Montanez, 687 So. 2d 943 (Fla. 3d DCA 1997). · cites it 2× “" § 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.”

Show all 45 citing cases →

— 733.602(1) — 29 cases

Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 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, 526 So. 2d 702 (Fla. 3d DCA 1988). “§ 733.602(1), Fla. Stat. (1985). The Florida supreme court made clear in Galatis v.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.602(1), Fla. Stat. General duties. § 733.”

State v. Lahurd, 632 So. 2d 1101 (Fla. 4th DCA 1994). “§ 733.602(1), Fla. Stat. (1991). See also Wohl v.”

Mims v. Miller, 513 So. 2d 1120 (Fla. 2d DCA 1987). “§ 733.602(1), Fla. Stat. (1985). Mims also established a meritorious defense.”

— 733.602(2) — 1 case

MacDonald v. Mauriello, 920 So. 2d 190 (Fla. 2d DCA 2006).

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