Florida Statute 733.615 | 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. 733.615

733.615 Joint personal representatives; when joint action required.—

(1) If two or more persons are appointed joint personal representatives, and unless the will provides otherwise, the concurrence of all joint personal representatives appointed pursuant to a will or codicil executed prior to October 1, 1987, or appointed to administer an intestate estate of a decedent who died prior to October 1, 1987, or of a majority of joint personal representatives appointed pursuant to a will or codicil executed on or after October 1, 1987, or appointed to administer an intestate estate of a decedent dying on or after October 1, 1987, is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any joint personal representative receives and receipts for property due the estate, when the concurrence required under this subsection cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a joint personal representative has been delegated to act for the others.

(2) Where action by a majority of the joint personal representatives appointed is authorized, a joint personal representative who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise, and a dissenting joint personal representative is not liable for the consequences of an action in which the dissenting personal representative joins at the direction of the majority of the joint personal representatives, if the dissent is expressed in writing to the other joint personal representatives at or before the time of the action.

(3) A person dealing with a joint personal representative without actual knowledge that joint personal representatives have been appointed, or if advised by a joint personal representative that the joint personal representative has authority to act alone for any of the reasons mentioned in subsection (1), is as fully protected in dealing with that joint personal representative as if that joint personal representative possessed and properly exercised the power.

History.—s. 1, ch. 74-106; s. 1, ch. 87-317; s. 4, ch. 88-340; s. 1013, ch. 97-102; s. 139, ch. 2001-226.

Note.—Created from former s. 732.50.

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Amendments to 733.615

Arrestable Offenses / Crimes under Fla. Stat. 733.615

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.615.

Annotations, Discussions, Cases:

Cases Citing Statute 733.615

Total Results: 12

Ori Avraham Gordin and Teresa Shelley v. Estate of Shelley Wilensky Shelley Maisel a/k/a Shelley W. Shelley and Daniel W. Shelley

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-25T00:00:00-08:00

Citation: 179 So. 3d 518, 2015 Fla. App. LEXIS 17910

Snippet: defined roles in regards to an estate. Section 733.615, Florida Statutes.(2014), requires that, if there…is not a joint personal representative, section 733.615 does not provide an applicable procedure for resolving

Martinez v. Ipox

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-07T00:53:00-07:00

Citation: 925 So. 2d 448

Snippet: representative, it would have been ineffective. Section 733.615(1) provides that "the concurrence of all joint… and distribution of the estate." Section 733.615 provides that "multiple representatives must…of the other co-personal representative. See § 733.615(1) (providing that concurrence of all joint personal

Costello v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-29T00:00:00-08:00

Citation: 890 So. 2d 1179, 2004 Fla. App. LEXIS 20014, 2004 WL 3008988

Snippet: acceptance of the proposal for settlement. See § 733.615(3), Fla. Stat. (2001). No one has appealed the …Faust was entitled to the protection of section 733.615(3) under the circumstances of this case. The trial…representatives had not signed it as required by section 733.615(1). The trial court rejected this argument, declaring…representatives are required to act in concert.7 § 733.615(1); Messina v. Scionti,. 406 So.2d 529, 532 (Fla…1981) (construing . an earlier version of section 733.615(1)). The requirement that joint personal representatives

Saia Motor Freight Line, Inc. v. Reid

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-23T23:53:00-08:00

Citation: 888 So. 2d 102

Snippet: the conduct of the litigation"). See also § 733.615, Fla. Stat. (2004). Here, the joint personal representatives

Phipps v. Estate of Burdine

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-08T00:00:00-07:00

Citation: 586 So. 2d 381, 1991 Fla. App. LEXIS 7732, 1991 WL 148348

Snippet: in the management of the estate assets. Section 733.615, Florida Statutes (1987) provides that when joint

Caidin v. Lakow

Court: Fla. Dist. Ct. App. | Date Filed: 1989-07-25T00:00:00-07:00

Citation: 546 So. 2d 788, 14 Fla. L. Weekly 1770, 1989 Fla. App. LEXIS 4195, 1989 WL 81653

Snippet: signature instead of two, as required by section 733.615, Florida Statutes (1987), and the undisputed testimony

Stilwell v. Estate of Crosby

Court: Fla. Dist. Ct. App. | Date Filed: 1988-01-28T00:00:00-08:00

Citation: 519 So. 2d 68, 13 Fla. L. Weekly 305, 1988 Fla. App. LEXIS 283, 1988 WL 4396

Snippet: representatives and they both qualified to act. Section 733.615, Florida Statutes requires the concurrence of all

In Re Estate of Pearce

Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-20T00:00:00-07:00

Citation: 507 So. 2d 729, 12 Fla. L. Weekly 1304

Snippet: ended ultimately in dismissal, because section 733.615, Florida Statutes (1983), requires concurrence …appeal that is, however, unauthorized under section 733.615, Florida Statutes (1983). We conclude it did. Appellant…dismissed because of the unmet requirement of section 733.615. Appellees point out that according to section …suggests that the effect on that appeal of section 733.615 was less than clear to this court. Appellant'

Rand v. Giller

Court: Fla. Dist. Ct. App. | Date Filed: 1986-05-20T00:53:00-07:00

Citation: 489 So. 2d 796

Snippet: concurrence of the two personal representatives. § 733.615, Fla. Stat. (1983). Since McGowan has not agreed

Pearce v. Foster

Court: Fla. Dist. Ct. App. | Date Filed: 1984-08-15T00:00:00-07:00

Citation: 454 So. 2d 721, 9 Fla. L. Weekly 1790, 1984 Fla. App. LEXIS 14666

Snippet: appellant’s unilateral action contravenes section 733.615, Florida Statutes (1983), which provides that:

Messina v. Scionti

Court: Fla. Dist. Ct. App. | Date Filed: 1981-11-04T00:00:00-08:00

Citation: 406 So. 2d 529, 1981 Fla. App. LEXIS 21578

Snippet: independently, regardless of the circumstances. § 733.615, Fla.Stat. Consequently, we think the Shambow rule

In re Estate of Goldner

Court: Fla. Dist. Ct. App. | Date Filed: 1980-10-22T00:00:00-07:00

Citation: 389 So. 2d 334, 1980 Fla. App. LEXIS 17436

Snippet: than all of the personal representatives. Section 733.615, Florida Statutes (1977), specifies in pertinent