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Florida Statutes

Fla. Stat. § 733.607 (2025)

Possession of estate.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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733.607 Possession of estate.—
(1) Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except the protected homestead, but any real property or tangible personal property may be left with, or surrendered to, the person presumptively entitled to it unless possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by a beneficiary is conclusive evidence that the possession of the property by the personal representative is necessary for the purposes of administration, in any action against the beneficiary for possession of it. The personal representative shall take all steps reasonably necessary for the management, protection, and preservation of the estate until distribution and may maintain an action to recover possession of property or to determine the title to it. Notwithstanding anything in this section, the personal representative has no right to, and shall not knowingly take possession or control of, a surviving spouse’s one-half share of property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, applies.
(2) If, after providing for statutory entitlements and all devises other than residuary devises, the assets of the decedent’s estate are insufficient to pay the expenses of the administration and obligations of the decedent’s estate, the personal representative is entitled to payment from the trustee of a trust described in s. 733.707(3), in the amount the personal representative certifies in writing to be required to satisfy the insufficiency, subject to the exclusions and preferences under s. 736.05053. The provisions of s. 733.805 shall apply in determining the amount of any payment required by this section.
History.—s. 1, ch. 74-106; s. 28, ch. 77-87; s. 9, ch. 93-257; s. 9, ch. 95-401; s. 1005, ch. 97-102; s. 130, ch. 2001-226; s. 1, ch. 2010-122; s. 13, ch. 2024-238.
Note.—Created from former s. 733.01.
Notes of Decisions
Cited in 46 cases (4 in the last 5 years), 1981–2024 · leading case: Kennedy v. Carnival Corp., 385 F. Supp. 3d 1302 (S.D. Fla. 2019).
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Kennedy v. Carnival Corp., 385 F. Supp. 3d 1302 (S.D. Fla. 2019). · cites it 2× “3d DCA 1996) ; Fla. Stat. Ann. § 733.607 (1) ). Here, Plaintiff concedes that she is not a personal representative of the Decedent's Estate.”
Cutler v. Cutler, 994 So. 2d 341 (Fla. 3d DCA 2008). · cites it 5× “See §§ 733.607-608 Fla. Stat. (1995); Knadle v.”
Shuck v. Bank of Am., NA, 862 So. 2d 20 (Fla. 2d DCA 2003). · cites it 3× “707(3) must be read in conjunction with section 733.607(2). Section 733.607(2) entitled the personal representative to payment from a trust described in section 733.”
Van Dusen v. Se. First Nat. Bank, 478 So. 2d 82 (Fla. 3d DCA 1985). · cites it 4× “This duty is part of the general duty of the personal representative under section 733.607, Florida Statutes (1983), to take all steps reasonably necessary for the protection and preservation of the estate.”
McKean v. Warburton, 919 So. 2d 341 (Fla. 2006). · cites it 2× “Section 733.607, Florida Statutes (2004), provides that the personal representative takes possession or control of the decedent's property, except for protected homestead.”
In Re Est. of Hamel, 821 So. 2d 1276 (Fla. 2d DCA 2002). · cites it 2× “See also § 733.607(1), Fla. Stat. (2000) (requiring a personal representative to take control of all of the decedent's property "except the protected homestead").”
In Re Est. of Barsanti, 773 So. 2d 1206 (Fla. 3d DCA 2000). · cites it 3× “'s verified petition that established a clear legal right pursuant to section 733.607(1), Florida Statutes (1997), to recover possession of estate property, or to support Alfredo Patrone's claim to the stock certificates.”
Carvel v. Godley, 939 So. 2d 204 (Fla. 4th DCA 2006). · cites it 2× “Section 733.607(2), Florida Statutes, referenced in the statute above, states "the personal representative is entitled to payment from the trustee of a trust described in s.”
Joe R. Parker, Jr., Eddie Shelton Parker, David Parker & Cornel Parker v. Sean Cornelius Parker, Joan Parker, Kevin Parker & Parkerquest, LLC, 185 So. 3d 616 (Fla. 4th DCA 2016). · cites it 4× “Appellants have appealed the trial court’s final order dismissing their complaint with prejudice for failure to join the decedent’s estate as an indispensable party to the action pursuant to section 733.607, Florida. Statutes. Because the decedent transferred the subject…”
Wolf Sanitary Wiping Cloth, Inc. v. Wolf, 526 So. 2d 702 (Fla. 3d DCA 1988). · cites it 2× “[4] A personal representative may invoke the jurisdiction of the court to resolve judicial questions about an estate or its administration, section 733.”
Bankatlantic v. Est. of Glatzer, 61 So. 3d 1222 (Fla. 3d DCA 2011). · cites it 2× “§ 733.607(1), Fla. Stat. (2010); Perez v.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 733.607, Fla. Stat. Possession of estate.”
Show all 46 citing cases →
— 733.607(1) — 13 cases
Cutler v. Cutler, 994 So. 2d 341 (Fla. 3d DCA 2008). “See §§ 733.607-608 Fla. Stat. (1995); Knadle v.”
In Re Est. of Hamel, 821 So. 2d 1276 (Fla. 2d DCA 2002). “See also § 733.607(1), Fla. Stat. (2000) (requiring a personal representative to take control of all of the decedent's property "except the protected homestead").”
In Re Est. of Barsanti, 773 So. 2d 1206 (Fla. 3d DCA 2000). “'s verified petition that established a clear legal right pursuant to section 733.607(1), Florida Statutes (1997), to recover possession of estate property, or to support Alfredo Patrone's claim to the stock certificates.”
Bankatlantic v. Est. of Glatzer, 61 So. 3d 1222 (Fla. 3d DCA 2011). “§ 733.607(1), Fla. Stat. (2010); Perez v.”
Joe R. Parker, Jr., Eddie Shelton Parker, David Parker & Cornel Parker v. Sean Cornelius Parker, Joan Parker, Kevin Parker & Parkerquest, LLC, 185 So. 3d 616 (Fla. 4th DCA 2016). “Appellants have appealed the trial court’s final order dismissing their complaint with prejudice for failure to join the decedent’s estate as an indispensable party to the action pursuant to section 733.607, Florida. Statutes. Because the decedent transferred the subject…”
— 733.607(2) — 6 cases
Shuck v. Bank of Am., NA, 862 So. 2d 20 (Fla. 2d DCA 2003). “707(3) must be read in conjunction with section 733.607(2). Section 733.607(2) entitled the personal representative to payment from a trust described in section 733.”
Carvel v. Godley, 939 So. 2d 204 (Fla. 4th DCA 2006). “Section 733.607(2), Florida Statutes, referenced in the statute above, states "the personal representative is entitled to payment from the trustee of a trust described in s.”
Hilgendorf v. Est. of Coleman, 201 So. 3d 1262 (Fla. 4th DCA 2016).
Tobin v. Damian, 723 So. 2d 396 (Fla. 4th DCA 1999).
AMP Servs. Ltd. v. Walanpatrias Found., 73 So. 3d 346 (Fla. 4th DCA 2011).
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