Florida Statute 733.612 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.612

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.

F.S. 733.612 on Google Scholar

F.S. 733.612 on Casetext

Amendments to 733.612

Arrestable Offenses / Crimes under Fla. Stat. 733.612

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.612.

Annotations, Discussions, Cases:

Cases Citing Statute 733.612

Total Results: 20

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Fla. | Date Filed: 2021-02-17T23:53:00-08:00

Snippet: amended. Statutory References § 733.612(20), Fla. Stat. Transactions authorized for the

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Fla. | Date Filed: 2020-12-30T23:53:00-08:00

Snippet: amended. Statutory References § 733.612(20), Fla. Stat. Transactions authorized for the

Ammar Al Batha, as Personal etc. v. State of Florida, Agency for Health Care etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-13T23:53:00-08:00

Snippet: deceased person is the personal representative. See § 733.612(20), Fla. Stat. (2016); Fla. R. Civ. P. 1.210(a

Harrell v. Badger

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-24T00:00:00-07:00

Citation: 171 So. 3d 764

Snippet: wherein the Third District Court applied section 733.612(21), Florida Statutes (1985). In Wohl, the court

Bookman v. Davidson

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-05T00:00:00-07:00

Citation: 136 So. 3d 1276

Snippet: representative’s exercise of her or his duties, section 733.612, Florida Statutes, governs the transactions authorized…including the employment of an attorney. See § 733.612(19), Fla. Stat. Most significantly, section 733.614… and to pay appellee from estate funds. See §§ 733.612(19) & 733.6171(1), Florida Statutes. The Code…estate and the benefit of interested parties. See § 733.612(20), Fla. Stat. Furthermore, Ford, as personal

Syfrett v. Syfrett-Moore

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-09T00:00:00-07:00

Citation: 115 So. 3d 1127

Snippet: -personal representatives of the Estate. See § 733.612(20), Fla. Stat. (2010) (providing that the personal

Levine v. Horwitz

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-03T00:00:00-07:00

Citation: 67 So. 3d 1145

Snippet: the terms *1147 of section 61.16); see also § 733.612(20), Fla. Stat. (2009) (providing that "a

LAURITSEN v. Wallace

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-01T00:00:00-07:00

Citation: 67 So. 3d 285

Snippet: decedent's business, in accordance with section 733.612(22), but only to extent of the assets of that business

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2010-09-02T00:00:00-07:00

Citation: 50 So. 3d 578

Snippet: and accountings; public records exemptions. § 733.612(5), (22), (24), Fla. Stat. Transactions authorized…removal. § 733.602(1), Fla. Stat. General duties. § 733.612(18), Fla. Stat. Transactions authorized for the

In Re Amendments to the Fl. Probate Rules

Court: Fla. | Date Filed: 2007-07-12T00:53:00-07:00

Citation: 964 So. 2d 140

Snippet: 733.602(1), Fla. Stat. General duties. *149 § 733.612(18), Fla. Stat. Transactions authorized for the…General definitions. § 731.301, Fla. Stat. Notice. § 733.612(19), Fla. Stat. Transactions authorized for the

Gunderson v. School Dist. of Hillsborough

Court: Fla. Dist. Ct. App. | Date Filed: 2006-09-13T00:00:00-07:00

Citation: 937 So. 2d 777

Snippet: the performance of a duty. In addition, section 733.612(2), Florida Statutes (2004), authorizes a personal…contracts . . . ." Similarly, section *780 733.612(24), Florida Statutes (2004), authorizes a personal

MacDonald v. Mauriello

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-15T00:00:00-08:00

Citation: 920 So. 2d 190, 2006 Fla. App. LEXIS 1804

Snippet: this assumption is incorrect. Pursuant to section 733.612, Florida Statutes (2002), the personal representative… does it eliminate the requirements of section 733.612 that the personal representative act reasonably

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2005-09-29T00:00:00-07:00

Citation: 912 So. 2d 1178

Snippet: removal. § 733.602(1), Fla. Stat. General duties. § 733.612(18), Fla. Stat. Transactions authorized for the

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069

Snippet: representative. § 733.604, Fla. Stat. Inventory. § 733.612(5), (22), (24), Fla. Stat. Transactions authorized…removal. § 733.602(1), Fla. Stat. General duties. § 733.612(18), Fla. Stat. Transactions authorized for the…Fla. Stat. Notice^ — method and time; proof. § 733.612(19), Fla. Stat. Transactions authorized for the

Chase Manhattan Bank, USA, N.A. v. Estate of Silveira

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-08T00:00:00-07:00

Citation: 815 So. 2d 770

Snippet: decedent's business, in accordance with s. 733.612(22), but only to the extent of the assets of that

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2002-05-02T00:00:00-07:00

Citation: 824 So. 2d 849

Snippet: removal. § 733.602(1), Fla. Stat. General duties. § 733.612(18), Fla. Stat. Transactions authorized for the

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2000-09-28T00:00:00-07:00

Citation: 778 So. 2d 272

Snippet: of ancillary assets. Statutory References § 733.612(20), Fla. Stat. Transactions authorized for the

In Re Estate of Catapane

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-07T23:53:00-08:00

Citation: 759 So. 2d 9

Snippet: representative's power to hire counsel. See § 733.612(19), Fla. Stat. Section 768.26 provides for payment

Baker v. Vidoli

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-24T00:00:00-08:00

Citation: 751 So. 2d 608

Snippet: encompasses the sale of such securities. See also § 733.612, Fla. Stat. (1995). The fact that the securities

Teague v. Estate of Hoskins

Court: Fla. | Date Filed: 1998-04-23T00:53:00-07:00

Citation: 709 So. 2d 1373

Snippet: decedent's business, in accordance with s. 733.612(22), but only to the extent of the assets of that…decedent's business, in accordance with s. 733.612(22), but only to the extent of the assets of that