733.619

Individual liability of personal representative.

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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

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Huguenor v. Huguenor (1982) fladistctapp · 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 (1989) fladistctapp · cites it 2× “NOTES [1] See § 733.619(2), Fla. Stat. (1983). See also, Zeleny v.”

Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul (2014) fladistctapp · cites it 2× “” § 733.619(4), Fla. Stat. (2014) (emphasis added).”

Durden v. Century 21 Compass Points, Inc. (1989) fladistctapp · 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 (2012) fladistctapp “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 (1988) fla “F.S. 733.619(2) and (4) Individual liability of personal representative.”

Amendments to the Florida Probate Rules (2003) fla “§ 733.619(2), (4), Fla. Stat. Individual liability of personal representative.”

Florida Bar re Amendment to Rules (1984) fla “F.S. 733.619(2) and (4) Individual liability of personal representative.”

In Re Amendments to the Florida Probate Rules (2011) fla “§ 733.619(2), (4), Fla. Stat. Individual liability of personal representative.”

Alexander L. Kaplan v. Leon Kaplan (2015) ca11 “”); 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 (2012) fladistctapp “”). 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 Probate Rules (2008) fla “§ 733.619(2), (4), Fla. Stat. Individual liability of personal representative.”

Show all 23 citing cases →

— 733.619(2) — 16 cases

Huguenor v. Huguenor (1982) fladistctapp “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 (1989) fladistctapp “NOTES [1] See § 733.619(2), Fla. Stat. (1983). See also, Zeleny v.”

Florida Bar (1988) fla “F.S. 733.619(2) and (4) Individual liability of personal representative.”

Amendments to the Florida Probate Rules (2003) fla “§ 733.619(2), (4), Fla. Stat. Individual liability of personal representative.”

— 733.619(3) — 2 cases

Durden v. Century 21 Compass Points, Inc. (1989) fladistctapp “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 (1988) fladistctapp

— 733.619(4) — 1 case

Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul (2014) fladistctapp “” § 733.619(4), Fla. Stat. (2014) (emphasis added).”

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