Florida Statutes

Fla. Stat. § 733.802 (2025)

Proceedings for compulsory payment of devises or distributive interest.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 8 cases, 1978–2003 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 733.802, Fla. Stat. Proceedings for compulsory payment of devises or distributive interest.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “*541 Statutory Reference F.S. 733.802 Proceedings for compulsory payment of devises or distributive interest.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “Statutory Reference F.S. 733.802 Proceedings for compulsory payment of devises or distributive interest.”

Wright v. Etter, 511 So. 2d 755 (Fla. 2d DCA 1987). · cites it 2× “See § 733.802(1), Fla.Stat. (1985). The will contained a general power of sale only as to the residual estate — not to the specific devises: The Executors shall have the complete right and authority to sell or dispose of in any manner and in their discretion any and all of the…”

Green v. Rosin (In re Rosin), 248 B.R. 625 (Bankr. M.D. Fla. 1998). · cites it 2× “Fla.Stat. § 733.802. . Florida's Uniform Commercial Code is applicable to security interests in personal property (Fla.”

Pearson v. Cobb, 713 So. 2d 1069 (Fla. 5th DCA 1998). · cites it 5× “Appellants contend that the trial court violated section 733.802, Florida Statutes, by authorizing distribution of ,000.”

In re the Est. of Lieberman, 356 So. 2d 17 (Fla. 4th DCA 1978). “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.”

Florida Bar, 531 So. 2d 1261 (Fla. 1988). “Statutory Reference F.S. 733.802 Proceedings for compulsory payment of devises or distributive interest.”

— 733.802(1) — 1 case

Wright v. Etter, 511 So. 2d 755 (Fla. 2d DCA 1987). “See § 733.802(1), Fla.Stat. (1985). The will contained a general power of sale only as to the residual estate — not to the specific devises: The Executors shall have the complete right and authority to sell or dispose of in any manner and in their discretion any and all of the…”

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