Florida Statute 733.615 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 733.615

Total Results: 12

Saia Motor Freight Line, Inc. v. Reid

888 So. 2d 102, 2004 WL 2727526

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 1327853

Cited 13 times | Published

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

In Re Estate of Pearce

507 So. 2d 729, 12 Fla. L. Weekly 1304, 1987 Fla. App. LEXIS 8304

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 1659425

Cited 5 times | Published

1984), ended ultimately in dismissal, because section 733.615, Florida Statutes (1983), requires concurrence

Martinez v. Ipox

925 So. 2d 448, 2006 WL 932544

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1516987

Cited 3 times | Published

representative, it would have been ineffective. Section 733.615(1) provides that "the concurrence of all joint

Rand v. Giller

489 So. 2d 796, 11 Fla. L. Weekly 1168

District Court of Appeal of Florida | Filed: May 20, 1986 | Docket: 545594

Cited 2 times | Published

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

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

179 So. 3d 518, 2015 Fla. App. LEXIS 17910, 2015 WL 7566353

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3016000

Published

legally defined roles in regards to an estate. Section 733.615, Florida Statutes.(2014), requires that, if

Costello v. Davis

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

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835387

Published

acceptance of the proposal for settlement. See § 733.615(3), Fla. Stat. (2001). No one has appealed the

Phipps v. Estate of Burdine

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

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 64661758

Published

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

Caidin v. Lakow

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

District Court of Appeal of Florida | Filed: Jul 25, 1989 | Docket: 64643847

Published

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

Stilwell v. Estate of Crosby

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

District Court of Appeal of Florida | Filed: Jan 28, 1988 | Docket: 64632202

Published

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

Pearce v. Foster

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

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 64606460

Published

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

Messina v. Scionti

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

District Court of Appeal of Florida | Filed: Nov 4, 1981 | Docket: 64586304

Published

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

In re Estate of Goldner

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

District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 64578465

Published

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