Florida Statutes

Fla. Stat. § 733.619 (2025)

Individual liability of personal representative.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 23 cases (1 in the last 5 years), 1982–2024 · leading case: Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982).

Sort: Relevance Newest Treatment

Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982). · cites it 2× “609 and section 733.619(2), Florida Statutes (1979), and thus amenable to the jurisdiction of the courts of this state under section 48.”

Young v. Johnson, 538 So. 2d 1387 (Fla. 2d DCA 1989). · cites it 2× “NOTES [1] See § 733.619(2), Fla. Stat. (1983). See also, Zeleny v.”

Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014). · cites it 2× “” § 733.619(4), Fla. Stat. (2014) (emphasis added).”

Durden v. Century 21 Compass Points, Inc., 541 So. 2d 1264 (Fla. 5th DCA 1989). · cites it 2× “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 the estate, or on torts…”

Langer v. Fels, 93 So. 3d 1069 (Fla. 4th DCA 2012). “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…”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.619(2) and (4) Individual liability of personal representative.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.619(2), (4), Fla. Stat. Individual liability of personal representative.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 733.619(2) and (4) Individual liability of personal representative.”

In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). “§ 733.619(2), (4), Fla. Stat. Individual liability of personal representative.”

Alexander L. Kaplan v. Leon Kaplan, 624 F. App'x 680 (11th Cir. 2015). “”); Fla. Stat. § 733.619 (“Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting.”

Smith v. DeParry, 86 So. 3d 1228 (Fla. 2d DCA 2012). “”). Thus Mr. Allen, like Mr. Smith, did not qualify as a disinterested witness because of his direct stake in the outcome of the pending proceeding.”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 733.619(2), (4), Fla. Stat. Individual liability of personal representative.”

Show all 23 citing cases →

— 733.619(2) — 16 cases

Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982). “609 and section 733.619(2), Florida Statutes (1979), and thus amenable to the jurisdiction of the courts of this state under section 48.”

Young v. Johnson, 538 So. 2d 1387 (Fla. 2d DCA 1989). “NOTES [1] See § 733.619(2), Fla. Stat. (1983). See also, Zeleny v.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.619(2) and (4) Individual liability of personal representative.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.619(2), (4), Fla. Stat. Individual liability of personal representative.”

— 733.619(3) — 2 cases

Durden v. Century 21 Compass Points, Inc., 541 So. 2d 1264 (Fla. 5th DCA 1989). “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 the estate, or on torts…”

Rainier v. Calhoun, 534 So. 2d 735 (Fla. 3d DCA 1988).

— 733.619(4) — 1 case

Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014). “” § 733.619(4), Fla. Stat. (2014) (emphasis added).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.