Florida Statute 733.802 - 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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733.802 Proceedings for compulsory payment of devises or distributive interest.—

(1) Before final distribution, no personal representative shall be compelled:

(a) To pay a devise in money before the final settlement of the personal representative’s accounts,

(b) To deliver specific personal property devised, unless the personal property is exempt personal property,

(d) To surrender land to any beneficiary,

unless the beneficiary establishes that the property will not be required for the payment of debts, family allowance, estate and inheritance taxes, claims, elective share of the surviving spouse, charges, or expenses of administration or to provide funds for contribution or to enforce equalization in case of advancements.

(2) An order directing the surrender of real property or the delivery of personal property by the personal representative to the beneficiary shall be conclusive in favor of bona fide purchasers for value from the beneficiary or distributee as against the personal representative and all other persons claiming by, through, under, or against the decedent or the decedent’s estate.

(3) If the administration of the estate has not been completed before the entry of an order of partial distribution, the court may require the person entitled to distribution to give a bond with sureties as prescribed in s. 45.011, conditioned on the making of due contribution for the payment of devises, family allowance, estate and inheritance taxes, claims, elective share of the spouse, charges, expenses of administration, and equalization in case of advancements, plus any interest on them.

History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 37, ch. 77-87; s. 1, ch. 77-174; s. 272, ch. 79-400; s. 1019, ch. 97-102; s. 154, ch. 2001-226.

Note.—Created from former s. 734.03.

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Amendments to 733.802

Annotations, Discussions, Cases:

Cases Citing Statute 733.802

Total Results: 8 | Sort by: Relevance | Newest First

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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

...a bond with sureties as prescribed by law. Committee Notes Rule History 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Editorial change in caption of (a). Citation form change in committee notes. *541 Statutory Reference F.S. 733.802 Proceedings for compulsory payment of devises or distributive interest....

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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

...(b) [NO CHANGE RECOMMENDED] (c) [NO CHANGE RECOMMENDED] Committee Notes Rule History 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Editorial change in caption of (a). Citation form change in committee notes. Statutory Reference F.S. 733.802 Proceedings for compulsory payment of devises or distributive interest....

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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

...Before the entry of an order of partial distribution, the court may require the person entitled to distribution to give a bond with sureties as prescribed by law. Committee Notes Rule History 1984 Revision: Extensive changes. Committee notes revised. Statutory Reference F.S. 733.802 Proceedings for compulsory payment of devises or distributive interest....

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Green v. Rosin (In re Rosin), 248 B.R. 625 (Bankr. M.D. Fla. 1998).

Published | United States Bankruptcy Court, M.D. Florida | 1998 Bankr. LEXIS 1924

...Future interests; possibilities. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind. . Fla.Stat. § 732.514. . Fla.Stat. § 732.101(2). . Fla.Stat. § 733.607. . Fla.Stat. § 733.608. . Fla.Stat. § 733.801. . Fla.Stat. § 733.802....

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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

...Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation, form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice, — method and time; proof. § 733.802, Fla....

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Pearson v. Cobb, 713 So. 2d 1069 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 8185, 1998 WL 381655

...the four children in equal shares or whether Adolf validly revoked the trust shortly before he died, retitled the property in his own name and it passed upon his death to his children, the appellees. Appellants contend that the trial court violated section 733.802, Florida Statutes, by authorizing distribution of $19,000.00, nearly half of the net proceeds of the sale ($39,-107.57) where the estate has yet to be fully administered....

...Where, as here, a legal dispute exists as to the disposition of property, the trial court should take no steps which would prejudice the parties’ rights pending resolution of the dispute. Having said this, however, there is nothing in the record provided which indicates that applicability of section 733.802, Florida Statutes, was raised below....

...ng below provided. An appellate court will not consider an issue raised for the first time on appeal. The issue of an improper partial distribution was raised in a motion for rehearing filed by the appellants but this motion contains no reference to section 733.802....

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In re the Est. of Lieberman, 356 So. 2d 17 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 14931

ANSTEAD, Judge. This is an appeal from an order dismissing a petition to compel partial distribution of estate assets and to remove the personal representative. At issue is the sufficiency of the allegations to support the petition. Section 733.802 of the Florida Statutes provides that no personal representative may be compelled to make distribution of an estate’s assets unless a petition is filed stating that the assets are not required for the payment of estate taxes, debts or expenses of administration....

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Wright v. Etter, 511 So. 2d 755 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2094, 1987 Fla. App. LEXIS 10041

apprised of the estate’s current liabilities. See § 733.802(1), Fla.Stat. (1985). The will contained a general

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