Florida Statutes

Fla. Stat. § 733.615 (2025)

Joint personal representatives; when joint action required.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 12 cases, 1980–2015 · leading case: In Re Est. of Pearce, 507 So. 2d 729 (Fla. 4th DCA 1987).

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In Re Est. of Pearce, 507 So. 2d 729 (Fla. 4th DCA 1987). · cites it 6× “4th DCA 1984), ended ultimately in dismissal, because section 733.615, Florida Statutes (1983), requires concurrence of all personal representatives for such an action.”

Saia Motor Freight Line, Inc. v. Reid, 888 So. 2d 102 (Fla. 3d DCA 2004). · cites it 2× “See also § 733.615, Fla. Stat. (2004). Here, the joint personal representatives did not serve the offer of judgment; an individual co-personal representative sought to settle his survivor claim.”

Martinez v. Ipox, 925 So. 2d 448 (Fla. 2d DCA 2006). · cites it 3× “615(1) provides that "the concurrence of all joint personal representatives appointed.”

Costello v. Davis, 890 So. 2d 1179 (Fla. 2d DCA 2004). · cites it 7× “Costello timely appealed the trial court’s order on attorney’s fees and costs.”

Rand v. Giller, 489 So. 2d 796 (Fla. 3d DCA 1986). · cites it 2× “§ 733.615, Fla. Stat. (1983). Since McGowan has not agreed to the employment of Giller & Kasdin, P.”

Caidin v. Lakow, 546 So. 2d 788 (Fla. 3d DCA 1989). · cites it 2× “615, Florida Statutes (1987), and the undisputed testimony of the threats by the Estate’s counsel to take the precise action that the release purported to preclude, were sufficient to raise a question of Caidin’s rights under the release.”

Messina v. Scionti, 406 So. 2d 529 (Fla. 2d DCA 1981). · cites it 2× “§ 733.615, Fla.Stat. Consequently, we think the Shambow rule governs, irrespective of the number of personal representatives, and this would be particularly true in circumstances such as those at bench, where there is a close relationship between the representatives and they are…”

Stilwell v. Est. of Crosby, 519 So. 2d 68 (Fla. 4th DCA 1988). · cites it 2× “615, Florida Statutes requires the concurrence of all fiduciaries on all acts connected with the administration and distribution of the estate, with certain exceptions not pertinent here. Even if Ellis could act alone on Crosby’s debt because Crosby was disqualified, a point we…”

Pearce v. Foster, 454 So. 2d 721 (Fla. 4th DCA 1984). · cites it 2× “She claims that appellant’s unilateral action contravenes section 733.615, Florida Statutes (1983), which provides that: If two or more persons are appointed joint personal representatives, and unless the will provides otherwise, the concurrence of all is required on all acts…”

Ori Avraham Gordin & Teresa Shelley v. Est. of Shelley Wilensky Shelley Maisel a/k/a Shelley W. Shelley & Daniel W. Shelley, 179 So. 3d 518 (Fla. 4th DCA 2015). · cites it 3× “Section 733.615, Florida Statutes.(2014), requires that, if there'are joint personal representatives, certain procedures for- decisions made, as well as certain protections, apply -to the joint personal representatives.”

In re Est. of Goldner, 389 So. 2d 334 (Fla. 4th DCA 1980). · cites it 2× “Section 733.615, Florida Statutes (1977), specifies in pertinent part: If two or more persons are appointed joint personal representatives, and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution…”

Phipps v. Est. of Burdine, 586 So. 2d 381 (Fla. 5th DCA 1991). · cites it 2× “Section 733.615, Florida Statutes (1987) provides that when joint personal representatives are appointed, as here, concurrence is “required on all acts connected with the administration and distribution of the estate.”

— 733.615(1) — 2 cases

Martinez v. Ipox, 925 So. 2d 448 (Fla. 2d DCA 2006). “615(1) provides that "the concurrence of all joint personal representatives appointed.”

Costello v. Davis, 890 So. 2d 1179 (Fla. 2d DCA 2004). “Costello timely appealed the trial court’s order on attorney’s fees and costs.”

— 733.615(3) — 1 case

Costello v. Davis, 890 So. 2d 1179 (Fla. 2d DCA 2004). “Costello timely appealed the trial court’s order on attorney’s fees and costs.”

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