Florida Statutes

Fla. Stat. § 733.612 (2025)

Transactions authorized for the personal representative; exceptions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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733.612 Transactions authorized for the personal representative; exceptions.—Except as otherwise provided by the will or court order, and subject to the priorities stated in s. 733.805, without court order, a personal representative, acting reasonably for the benefit of the interested persons, may properly:

(1) Retain assets owned by the decedent, pending distribution or liquidation, including those in which the personal representative is personally interested or that are otherwise improper for fiduciary investments.

(2) Perform or compromise, or, when proper, refuse to perform, the decedent’s contracts. In performing the decedent’s enforceable contracts to convey or lease real property, among other possible courses of action, the personal representative may:

(a) Convey the real property for cash payment of all sums remaining due or for the purchaser’s note for the sum remaining due, secured by a mortgage on the property.

(b) Deliver a deed in escrow, with directions that the proceeds, when paid in accordance with the escrow agreement, be paid as provided in the escrow agreement.

(3) Receive assets from fiduciaries or other sources.

(4) Invest funds as provided in ss. 518.10-518.14, considering the amount to be invested, liquidity needs of the estate, and the time until distribution will be made.

(5) Acquire or dispose of an asset, excluding real property in this or another state, for cash or on credit and at public or private sale, and manage, develop, improve, exchange, partition, or change the character of an estate asset.

(6) Make ordinary or extraordinary repairs or alterations in buildings or other structures; demolish improvements; or erect new party walls or buildings.

(7) Enter into a lease, as lessor or lessee, for a term within, or extending beyond, the period of administration, with or without an option to renew.

(8) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

(9) Abandon property when it is valueless or so encumbered, or in a condition, that it is of no benefit to the estate.

(10) Vote, or refrain from voting, stocks or other securities in person or by general or limited proxy.

(11) Pay calls, assessments, and other sums chargeable or accruing against, or on account of, securities, unless barred by the provisions relating to claims.

(12) Hold property in the name of a nominee or in other form without disclosure of the interest of the estate, but the personal representative is liable for any act of the nominee in connection with the property so held.

(13) Insure the assets of the estate against damage or loss and insure against personal and fiduciary liability to third persons.

(14) Borrow money, with or without security, to be repaid from the estate assets or otherwise, other than real property, and advance money for the protection of the estate.

(15) Extend, renew, or in any manner modify any obligation owing to the estate. If the personal representative holds a mortgage, security interest, or other lien upon property of another person, he or she may accept a conveyance or transfer of encumbered assets from the owner in satisfaction of the indebtedness secured by its lien instead of foreclosure.

(16) Pay taxes, assessments, and other expenses incident to the administration of the estate.

(17) Sell or exercise stock subscription or conversion rights or consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise.

(18) Allocate items of income or expense to either estate income or principal, as permitted or provided by law.

(19) Employ persons, including, but not limited to, attorneys, accountants, auditors, appraisers, investment advisers, and others, even if they are one and the same as the personal representative or are associated with the personal representative, to advise or assist the personal representative in the performance of administrative duties; act upon the recommendations of those employed persons without independent investigation; and, instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary. Any fees and compensation paid to a person who is the same as, associated with, or employed by, the personal representative shall be taken into consideration in determining the personal representative’s compensation.

(20) Prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate, of the decedent’s property, and of the personal representative.

(21) Sell, mortgage, or lease any personal property of the estate or any interest in it for cash, credit, or for part cash or part credit, and with or without security for the unpaid balance.

(22) Continue any unincorporated business or venture in which the decedent was engaged at the time of death:

(a) In the same business form for a period of not more than 4 months from the date of appointment, if continuation is a reasonable means of preserving the value of the business, including good will.

(b) In the same business form for any additional period of time that may be approved by court order.

(23) Provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate.

(24) Satisfy and settle claims and distribute the estate as provided in this code.

(25) Enter into agreements with the proper officer or department head, commissioner, or agent of any department of the government of the United States, waiving the statute of limitations concerning the assessment and collection of any federal tax or any deficiency in a federal tax.

(26) Make partial distribution to the beneficiaries of any part of the estate not necessary to satisfy claims, expenses of administration, taxes, family allowance, exempt property, and an elective share, in accordance with the decedent’s will or as authorized by operation of law.

(27) Execute any instruments necessary in the exercise of the personal representative’s powers.

History.—s. 1, ch. 74-106; s. 78, ch. 75-220; s. 3, ch. 76-172; s. 31, ch. 77-87; s. 1, ch. 77-174; s. 271, ch. 79-400; s. 1009, ch. 97-102; s. 135, ch. 2001-226; s. 7, ch. 2020-67.

Notes of Decisions

Cited in 38 cases (3 in the last 5 years), 1980–2024 · leading case: United States v. Est. of Schoenfeld, 344 F. Supp. 3d 1354 (M.D. Fla. 2018).

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United States v. Est. of Schoenfeld, 344 F. Supp. 3d 1354 (M.D. Fla. 2018). · cites it 2× “2d DCA 2017) (citation omitted); see also Fla. Stat. § 733.612 (20). Despite this, the Government contends that Section 2404 provides a vehicle through which it can sue the Estate.”

Beck v. Beck, 383 So. 2d 268 (Fla. 3d DCA 1980). · cites it 4× “[7] All of the powers conferred upon the personal representative under Section 733.612, Florida Statutes (Supp. 1976) may be negated or ratified either by the will or by court order.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 6× “Statutory References F.S. 733.612(20) Transactions authorized for the personal representative; exceptions.”

Est. of Conger v. Conger, 414 So. 2d 230 (Fla. 3d DCA 1982). · cites it 4× “Section 733.612(10), Florida Statutes (1979).”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 5× “§ 733.612(18), Fla. Stat. Transactions authorized for the personal representative; exceptions.”

Gunderson v. Sch. Dist. of Hillsborough, 937 So. 2d 777 (Fla. 1st DCA 2006). · cites it 2× “In addition, section 733.612(2), Florida Statutes (2004), authorizes a personal representative to "perform or compromise, or when proper, refuse to perform, the decedent's contracts .”

Allen v. Est. of Dutton, 394 So. 2d 132 (Fla. 5th DCA 1980). · cites it 2× “1979); see § 733.612(20), Fla. Stat. (1979). [11] Live and Let Live, Inc.”

Bookman v. Davidson, 136 So. 3d 1276 (Fla. 1st DCA 2014). · cites it 7× “To accommodate the personal representative’s exercise of her or his duties, section 733.612, Florida Statutes, governs the transactions authorized by the personal representative, including the employment of an attorney.”

In Re Est. of Catapane, 759 So. 2d 9 (Fla. 4th DCA 2000). · cites it 2× “See § 733.612(19), Fla. Stat. Section 768.26 provides for payment of counsel selected by the personal representative: Attorney's fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate in…”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 4× “*149 § 733.612(18), Fla. Stat. Transactions authorized for the personal representative; exceptions.”

Est. of Brock, 695 So. 2d 714 (Fla. 1st DCA 1996). · cites it 2× “However, section 733.612(19), Florida Statutes (1993), authorizes the personal representative to employ accountants to advise or assist in performance of the administrative duties of the estate.”

In Re Est. of Pearce, 507 So. 2d 729 (Fla. 4th DCA 1987). · cites it 2× “608 is headed "General power of the personal representative" and refers to his control of the estate's assets; section 733.612 identifies a large number of transactions authorized for the personal representative if the will or an order of the court has not provided otherwise;…”

Show all 38 citing cases →

— 733.612(1) — 1 case

Wolf v. Friedman, 35 Fla. Supp. 2d 148 (Fla. Cir. Ct. 1989).

— 733.612(10) — 1 case

Est. of Conger v. Conger, 414 So. 2d 230 (Fla. 3d DCA 1982). “Section 733.612(10), Florida Statutes (1979).”

— 733.612(18) — 6 cases

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.612(18), Fla. Stat. Transactions authorized for the personal representative; exceptions.”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “*149 § 733.612(18), Fla. Stat. Transactions authorized for the personal representative; exceptions.”

In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010).

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Amendments to the Florida Prob. Rules, 824 So. 2d 849 (Fla. 2002).

— 733.612(19) — 7 cases

In Re Est. of Catapane, 759 So. 2d 9 (Fla. 4th DCA 2000). “See § 733.612(19), Fla. Stat. Section 768.26 provides for payment of counsel selected by the personal representative: Attorney's fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate in…”

Est. of Brock, 695 So. 2d 714 (Fla. 1st DCA 1996). “However, section 733.612(19), Florida Statutes (1993), authorizes the personal representative to employ accountants to advise or assist in performance of the administrative duties of the estate.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.612(18), Fla. Stat. Transactions authorized for the personal representative; exceptions.”

Bookman v. Davidson, 136 So. 3d 1276 (Fla. 1st DCA 2014). “To accommodate the personal representative’s exercise of her or his duties, section 733.612, Florida Statutes, governs the transactions authorized by the personal representative, including the employment of an attorney.”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “*149 § 733.612(18), Fla. Stat. Transactions authorized for the personal representative; exceptions.”

— 733.612(2) — 2 cases

Gunderson v. Sch. Dist. of Hillsborough, 937 So. 2d 777 (Fla. 1st DCA 2006). “In addition, section 733.612(2), Florida Statutes (2004), authorizes a personal representative to "perform or compromise, or when proper, refuse to perform, the decedent's contracts .”

In Re Est. of Pearce, 507 So. 2d 729 (Fla. 4th DCA 1987). “608 is headed "General power of the personal representative" and refers to his control of the estate's assets; section 733.612 identifies a large number of transactions authorized for the personal representative if the will or an order of the court has not provided otherwise;…”

— 733.612(20) — 14 cases

Allen v. Est. of Dutton, 394 So. 2d 132 (Fla. 5th DCA 1980). “1979); see § 733.612(20), Fla. Stat. (1979). [11] Live and Let Live, Inc.”

In Re Est. of Montanez, 687 So. 2d 943 (Fla. 3d DCA 1997).

Florida Bar, 537 So. 2d 500 (Fla. 1988). “Statutory References F.S. 733.612(20) Transactions authorized for the personal representative; exceptions.”

Smail v. Hutchins, 491 So. 2d 301 (Fla. 3d DCA 1986).

— 733.612(21) — 2 cases

Wohl v. Lewy, 505 So. 2d 525 (Fla. 3d DCA 1987).

Harrell v. Badger, 171 So. 3d 764 (Fla. 5th DCA 2015).

— 733.612(22) — 5 cases

Beck v. Beck, 383 So. 2d 268 (Fla. 3d DCA 1980). “[7] All of the powers conferred upon the personal representative under Section 733.612, Florida Statutes (Supp. 1976) may be negated or ratified either by the will or by court order.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “Statutory References F.S. 733.612(20) Transactions authorized for the personal representative; exceptions.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984).

Florida Bar, 531 So. 2d 1261 (Fla. 1988).

LAURITSEN v. Wallace, 67 So. 3d 285 (Fla. 5th DCA 2011).

— 733.612(24) — 4 cases

Florida Bar, 537 So. 2d 500 (Fla. 1988). “Statutory References F.S. 733.612(20) Transactions authorized for the personal representative; exceptions.”

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Kaplan v. Kaplan, 903 F. Supp. 2d 1304 (M.D. Fla. 2012).

Florida Bar, 531 So. 2d 1261 (Fla. 1988).

— 733.612(5) — 5 cases

Florida Bar, 537 So. 2d 500 (Fla. 1988). “Statutory References F.S. 733.612(20) Transactions authorized for the personal representative; exceptions.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.612(18), Fla. Stat. Transactions authorized for the personal representative; exceptions.”

In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010).

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Florida Bar, 531 So. 2d 1261 (Fla. 1988).

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