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Florida Statute 733.619 - Full Text and Legal Analysis Florida Statute 733.619 | Lawyer Caselaw & Research
Fla. Stat. § 733.619 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
733.619 Individual liability of personal representative.—
(1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract, except a contract for attorney’s fee, properly entered into as fiduciary unless the personal representative fails to reveal that representative capacity and identify the estate in the contract.
(2) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if personally at fault.
(3) Claims based on contracts, except a contract for attorney’s fee, entered into by a personal representative as a fiduciary, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration, may be asserted against the estate by proceeding against the personal representative in that capacity, whether or not the personal representative is individually liable.
(4) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding.
History.—s. 82, ch. 75-220; s. 32, ch. 77-87; s. 228, ch. 77-104; s. 1015, ch. 97-102; s. 144, ch. 2001-226.

Cases Citing F.S. 733.619

Fla. Stat. § 733.619 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Young v. Johnson, 538 So. 2d 1387 (Fla. 2d DCA 1989).

Cited 9 times | Published | Florida 2nd District Court of Appeal | 1989 WL 17239

...ungs could not prevail. See Snyder. See also, Richards v. Wax, 511 So.2d 433 (Fla. 2d DCA 1987). We, accordingly, reverse and remand for further proceedings consistent herewith. REVERSED AND REMANDED. PARKER and PATTERSON, JJ., concur. NOTES [1] See § 733.619(2), Fla....
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Cited as authorityWoodson (1995)
phrase: "rule_authority"
Cited as authority(citing case) (1992)
phrase: "rule_authority"
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·Langer v. Fels, 93 So. 3d 1069 (Fla. 4th DCA 2012).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2012 WL 2327921, 2012 Fla. App. LEXIS 9949

...06(3), Florida Statutes (2009). While *1071 the appeal was pending, the trial court conducted a hearing on the fee motion. During this hearing, Fels argued entitlement to fees on the grounds listed in his motion as well as under sections 733.609 and 733.619, Florida Statutes (2009), which were not discussed in his motion....
...tions: (i) section 733.106(3), authorizing fees when services have been rendered to an estate; (ii) section 733.609(1), allowing for fees in actions for breach of fiduciary duty or improper exercise of a personal representative’s powers; and (iii) section 733.619(2), establishing individual liability against a personal representative for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate if personally at fault. §§ 733.106(3), 733.609(1) and 733.619(2), Fla. Stat. (2009). After a second hearing, the trial court concluded that Fels was entitled to fees pursuant to sections 733.609(1) and 733.619(2), but denied fees under section 733.106(3). In the midst of the fee proceedings occurring at the trial court level, an appeal was filed in the underlying action. As part of that appeal, Fels moved for an award of appellate attorney’s fees pursuant to sections 733.106, 733.609 and 733.619, Florida Statutes (2009), the same grounds raised in the trial court....
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Cited as authority(citing case) (2023)
phrase: "rule_authority"
Cited as authority(citing case) (2020)
phrase: "rule_authority"
Cited as authorityShuck (2012)
phrase: "rule_authority"
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·Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982).

Cited 4 times | Published | Florida 5th District Court of Appeal

...Sena, 307 So.2d 457 (Fla.4th DCA 1975). Appellee contends that because Winifred committed the tort while acting as the personal representative of Lloyd, Jr.'s estate in Volusia County, she becomes personally liable to interested persons under section 733.609 and section 733.619(2), Florida Statutes (1979), and thus amenable to the jurisdiction of the courts of this state under section 48.193, because she committed the tortious act in the state....
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Cited "but see"(citing case) (1987)
phrase: "but see"
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·Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 18086, 2014 WL 5611595

...See §§ 736.0105(1), (2)(b); 736.0801; 736.0802(1), (7)(b), (8), Fla. Stat. (2014). “Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding.” § 733.619(4), Fla. Stat....
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2015)
phrase: "rule_authority"
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In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011).

Cited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

...Stat. Proceedings for removal. § 733.5061, Fla. Stat. Appointment of successor upon removal. § 733.603, Fla. Stat. Personal representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla....
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·Florida Bar, 537 So. 2d 500 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

...733.505 Jurisdiction in removal proceedings. F.S. 733.506 Proceedings for removal. F.S. 733.507 Administration following resignation or removal. F.S. 733.603 Personal representative to proceed without court order. F.S. 733.609 Improper exercise of power; breach of fiduciary duty. F.S. 733.619(2) and (4) Individual liability of personal representative....
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ApprovedIn Re Hill (1991)
phrase: "approved by"
Cited as authorityIn Re Hill (1991)
phrase: "rule_authority"
ApprovedHill (1991)
phrase: "approved by"
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·In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...Stat. Proceedings for removal. § 733.5061, Fla. Stat. Appointment of successor upon removal. § 733.603, Fla. Stat. Personal representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla....
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Cited as authority(citing case) (2014)
phrase: "rule_authority"
Cited as authorityShellito (2013)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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·Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Appointment of successor upon removal. ■§-733.507, Fla. Sta^Administration following resignation or-removal. § 733.603, Fla. Stat. Personal representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla....
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AdoptedBlair (2016)
phrase: "adopted by"
Cited as authorityBlair (2016)
phrase: "rule_authority"
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·Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984).

Published | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

...733.109 Revocation of probate. F.S. 733.207 Establishment and probate of lost or destroyed will. F.S. 733.208 Discovery of later will. F.S. 733.507 Administration following resignation or removal. F.S. 733.603 Personal representative to proceed without court order. F.S. 733.619(2) and (4) Individual liability of personal representative....
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Cited as authorityBarber (1986)
phrase: "rule_authority"
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·Smith v. DeParry, 86 So. 3d 1228 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 6880, 2012 WL 1521541

...302, 303 (Fla.1934) (stating that the acts of one co-executor in the course of the administration of an estate within the scope of his duties are usually deemed binding on all co-executors) (citing Sullivan v. McMillan, 26 Fla. 543 , 8 So. 450 (1890)). But cf. § 733.619(2) (“A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if personally at fault.”)....
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Cited as authorityStaum (2013)
phrase: "rule_authority"
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·Moore v. Moore, 577 So. 2d 1359 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3021, 1991 WL 45755

...If she fails to perform that function, her disobedience will be an “offense” occurring after the extradition. If the results of an accounting establish that a surcharge is ap *1362 propriate, she can be ordered to reimburse the estate at this time for any funds missing due to her fault. § 733.619, Pla.Stat....
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Cited as authorityJones (1994)
phrase: "rule_authority"
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Florida Bar, 531 So. 2d 1261 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

...733.505 Jurisdiction in removal proceedings. F.S. 733.506 Proceedings for removal. F.S. 733.507 Administration following resignation or removal. F.S. 733.603 Personal representative to proceed without court order. F.S. 733.609 Improper exercise of power; breach of fiduciary duty. F.S. 733.619(2) and (4) Individual liability of personal representative....
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In Re: Amendments to the Florida Prob. Rules-2018 Fast-track Report., 253 So. 3d 983 (Fla. 2018).

Published | Supreme Court of Florida

exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla. Stat. Individual liability of personal
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Kaplan v. Kaplan, 903 F. Supp. 2d 1304 (M.D. Fla. 2012).

Published | District Court, M.D. Florida | 2012 WL 5396204, 2012 U.S. Dist. LEXIS 161480

632 So.2d 1101 (Fla. 4th DCA 1994). However, Section 733.619(2) ensures a heightened standard of liability
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Rainier v. Calhoun, 534 So. 2d 735 (Fla. 3d DCA 1988).

Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 2390, 1988 Fla. App. LEXIS 4713, 1988 WL 110860

...e of administration and then to assess interest against the estate accordingly. Finally, we observe that such an order may properly be entered against the estate by proceeding against the personal representative in his fiduciary capacity pursuant to section 733.619(3), Florida Statutes (1987). Moreover, the personal representative may be held personally responsible for the obligation to the estate. See Beck v. Beck, 383 So.2d 268, 272 (Fla. 3d DCA 1980); § 733.619(2), Fla.Stat....
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Schumann v. Weathers, 643 So. 2d 690 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 9959, 1994 WL 559634

...The same general rules were applicable to trust estates. See, e.g., Smith v. Coleman, 100 Fla. 1707 , 132 So. 198 (1931) (recognizing general rule of non-liability, but applying exception applicable in cases where trustee is charged with duty of carrying on business). . Section 733.619, Fla.Stat....
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Amendments to Florida Prob. Rules, 807 So. 2d 622 (Fla. 2001).

Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla. Stat. Individual liability of personal
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·Durden v. Century 21 Compass Points, Inc., 541 So. 2d 1264 (Fla. 5th DCA 1989).

Published | Florida 5th District Court of Appeal | 1989 WL 22554

...r a different result. See Stone, A Theory of Liability of Trust Estates for the Contracts and Torts of the Trustee, 22 Columbia Law Review 527 (1922), and Scott, Liabilities Incurred in the Administration of Trusts, 28 Harvard Law Review 725 (1915). Section 733.619(3), Florida Statutes, provides as follows: (3) Claims based on contracts, except a contract for attorney's fee, entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of t...
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Review deniedSchumann (1994)
phrase: "review denied"
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Am. Tel. & Tel. Co. v. Fraiser, 545 So. 2d 405 (Fla. 5th DCA 1989).

Published | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 1416, 1989 Fla. App. LEXIS 3283, 1989 WL 61537

administration. . For the same reasons, Section 733.619, Florida Statutes, authorizing suits against
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In Re: Amendments to Florida Prob. Rules (Fla. 2024).

Published | Supreme Court of Florida

...Appointment of successor upon removal. § 733.603, Fla. Stat. Personal representative to proceed without court order. -7- § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla....
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Luria v. World Evangelism, 611 So. 2d 5 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 12516, 1992 WL 367334

the estate only if he is personally at fault. § 733.619, Fla.Stat. (1991) (emphasis added). Here, the
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Phipps v. Est. of Burdine, 586 So. 2d 381 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7732, 1991 WL 148348

...lly. While section 733.609 provides that “[i]f the exercise of power concerning the estate is improper or in bad faith the personal representative is liable to interested persons for damage or loss resulting from a breach of his fiduciary duty,” section 733.619(2) further provides “[a] personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at...

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