733.610
Sale, encumbrance, or transaction involving conflict of interest.
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733.610 Sale, encumbrance, or transaction involving conflict of interest.—Any sale or encumbrance to the personal representative or the personal representative’s spouse, agent, or attorney, or any corporation, other entity, or trust in which the personal representative, or the personal representative’s spouse, agent, or attorney, has a substantial beneficial or ownership interest, or any transaction that is affected by a conflict of interest on the part of the personal representative, is voidable by any interested person except one who has consented after fair disclosure, unless:
(1) The will or a contract entered into by the decedent expressly authorized the transaction; or
(2) The transaction is approved by the court after notice to interested persons.
History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1007, ch. 97-102; s. 133, ch. 2001-226; s. 6, ch. 2020-67.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1985–2021 · leading case: Brake v. Murphy
Brake v. Murphy (1994)
“In view of the fact that the fourth mortgage was invalidated because it was an encumbrance in favor of the personal representative obtained without required court approval, see § 733.610, Fla. Stat. (1991), we conclude that a surcharge would be within the discretion of the trial…”
Florida Bar (1988)
“Committee Notes Petitions under the rule are governed by F.S. 733.610, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the…”
Amendments to Florida Probate Rules (1996)
“Committee Notes Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent…”
Lehman v. Lucom (2012)
“However, the status of Lehman's position as executor of the domiciliary estate does not negate the fact that he improperly used funds of the ancillary estate to fund his litigation in Panama over the domiciliary estate and to clear his name from personal attacks.”
Salomon v. Salomon (2001)
“Because there was a distinct conflict of interest between Adrienne and the grandsons’ residual interests in the trust, we readily conclude that the amended inventory was a legal nullity under section 733.610 Florida Statutes (2000) 2 .”
Stilwell v. Estate of Crosby (1988)
“Section 733.610, Florida Statutes (1985) provides: Any sale or encumbrance to the personal representative or his spouse, agent, or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction that is affected by a conflict of…”
Brake v. Murphy (2000)
“See § 733.610, Fla. Stat. The partial summary judgment indicates in substance that Mrs.”
In re Amendments to the Florida Probate Rules (1992)
“Committee Notes Petitions under the rule are governed by ftSrSection 733.610, Florida Statutes, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent…”
In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration (2021)
“SALES OF REAL PROPERTY WHERE NO POWER CONFERRED (a)-(b) [NO CHANGE] Committee Notes Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and…”
In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration (2021)
“SALES OF REAL PROPERTY WHERE NO POWER CONFERRED (a)-(b) [NO CHANGE] Committee Notes Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and…”
Taylor v. Hopkins (1985)
“Section 733.610 provides: Sale, encumbrance or transaction involving conflict of interest.”
In re Estate of Iandoli (1986)
“would be voidable by any interested person unless the transaction has been approved by the Court after notice to interested persons, F.S. 733.610. The P.R. here seeks such approval after due notice.”
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