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: Supreme Court of Florida | Date Filed: 2021-02-18

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: Supreme Court of Florida | Date Filed: 2020-12-31

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: District Court of Appeal of Florida | Date Filed: 2019-01-14

Citation: 263 So. 3d 817

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: District Court of Appeal of Florida | Date Filed: 2015-07-24

Citation: 171 So. 3d 764, 2015 Fla. App. LEXIS 11183

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

Bookman v. Davidson

Court: District Court of Appeal of Florida | Date Filed: 2014-05-05

Citation: 136 So. 3d 1276, 2014 WL 1772707, 2014 Fla. App. LEXIS 6472

Snippet: representative’s exercise of her or his duties, section 733.612, Florida Statutes, governs the transactions authorized

Syfrett v. Syfrett-Moore

Court: District Court of Appeal of Florida | Date Filed: 2013-07-09

Citation: 115 So. 3d 1127, 2013 WL 3389547, 2013 Fla. App. LEXIS 10926

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

Levine v. Horwitz

Court: District Court of Appeal of Florida | Date Filed: 2011-08-03

Citation: 67 So. 3d 1145, 2011 Fla. App. LEXIS 12096, 2011 WL 3300243

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

LAURITSEN v. Wallace

Court: District Court of Appeal of Florida | Date Filed: 2011-04-01

Citation: 67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

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: Supreme Court of Florida | Date Filed: 2010-09-02

Citation: 50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Snippet: and accountings; public records exemptions. § 733.612(5), (22), (24), Fla. Stat. Transactions authorized

In Re Amendments to the Fl. Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

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

Gunderson v. School Dist. of Hillsborough

Court: District Court of Appeal of Florida | Date Filed: 2006-09-13

Citation: 937 So. 2d 777, 2006 WL 2612678

Snippet: the performance of a duty. In addition, section 733.612(2), Florida Statutes (2004), authorizes a personal

MacDonald v. Mauriello

Court: District Court of Appeal of Florida | Date Filed: 2006-02-15

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

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2005-09-29

Citation: 912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

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: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: representative. § 733.604, Fla. Stat. Inventory. § 733.612(5), (22), (24), Fla. Stat. Transactions authorized

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

Court: District Court of Appeal of Florida | Date Filed: 2002-05-08

Citation: 815 So. 2d 770, 2002 Fla. App. LEXIS 6168, 2002 WL 888801

Snippet: the 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: Supreme Court of Florida | Date Filed: 2002-05-02

Citation: 824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

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: Supreme Court of Florida | Date Filed: 2000-09-28

Citation: 778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

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

In Re Estate of Catapane

Court: District Court of Appeal of Florida | Date Filed: 2000-03-08

Citation: 759 So. 2d 9, 2000 WL 257099

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

Baker v. Vidoli

Court: District Court of Appeal of Florida | Date Filed: 1999-11-24

Citation: 751 So. 2d 608, 1999 Fla. App. LEXIS 15609, 1999 WL 1062239

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: Supreme Court of Florida | Date Filed: 1998-04-23

Citation: 709 So. 2d 1373, 1998 WL 190403

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