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Florida Statute 733.810 - Full Text and Legal Analysis
Florida Statute 733.810 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 733.810 Case Law from Google Scholar Google Search for Amendments to 733.810

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
733.810 Distribution in kind; valuation.—
(1) Assets shall be distributed in kind unless:
(a) A general power of sale is conferred;
(b) A contrary intention is indicated by the will or trust; or
(c) Disposition is made otherwise under the provisions of this code.
(2) Any pecuniary devise, family allowance, or other pecuniary share of the estate or trust may be satisfied in kind if:
(a) The person entitled to payment has not demanded cash;
(b) The property is distributed at fair market value as of its distribution date; and
(c) No residuary devisee has requested that the asset remain a part of the residuary estate.
(3) When not practicable to distribute undivided interests in a residuary asset, the asset may be sold.
(4) When the fiduciary under a will or trust is required, or has an option, to satisfy a pecuniary devise or transfer in trust, to or for the benefit of the surviving spouse, with an in-kind distribution, at values as finally determined for federal estate tax purposes, the fiduciary shall, unless the governing instrument otherwise provides, satisfy the devise or transfer in trust by distribution of assets, including cash, fairly representative of the appreciated or depreciated value of all property available for that distribution, taking into consideration any gains and losses realized from a prior sale of any property not devised specifically, generally, or demonstratively.
(5) A personal representative or a trustee is authorized to distribute any distributable assets, non-pro rata among the beneficiaries subject to the fiduciary’s duty of impartiality.
History.—s. 1, ch. 74-106; s. 92, ch. 75-220; s. 40, ch. 77-87; s. 160, ch. 2001-226.
Note.—Created from former s. 734.031.

F.S. 733.810 on Google Scholar

F.S. 733.810 on CourtListener

Amendments to 733.810


Annotations, Discussions, Cases:

Cases Citing Statute 733.810

Total Results: 10  |  Sort by: Relevance  |  Newest First

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Ray v. Rotella, 425 So. 2d 94 (Fla. Dist. Ct. App. 1982).

Cited 2 times | Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 22000

distributable assets of an estate be distributed in kind. § 733.810(1), Fla.Stat. (1981). Secondly, since the heirs
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In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

...2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(10), (21)(12), (23), Fla. Stat. General definitions. § 731.302, Fla. Stat. Waiver and consent by interested person. § 733.809, Fla. Stat. Right of retainer. § 733.810, Fla....
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In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

...2005 Revision: Subdivision (f) deleted to avoid duplication with rule 5.180. Statutory References § 731.201(10), (21), Fla. Stat. General definitions. § 731.302, Fla. Stat. Waiver and consent by interested person. § 733.809, Fla. Stat. Right of retainer. § 733.810, 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

...Citation form changes in committee notes. Statutory References F.S. 733.609 Improper exercise of power; breach of fiduciary duty. F.S. 733.610 Sale, encumbrance or transaction involving conflict of interest. F.S. 733.613(1) Personal representative’s right to sell real property. F.S. 733.810 Distribution in kind; valuation....
...Paragraph (c) is amended to add the 12-month time specification of F.S. 733.901(1). Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.302 Waiver and consent by interested person. F.S. 733.809 Right of retainer. F.S. 733.810 Distribution in kind; valuation....
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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

...Citation form changes in committee notes. Statutory References F.S. 733.609 Improper exercise of power; breach of fiduciary duty. F.S. 733.610 Sale, encumbrance or transaction involving conflict of interest. F.S. 733.613(1) Personal representative’s right to sell real property. F.S. 733.810....
...Paragraph (c) is amended to add the 12-month time specification of F.S. 733.-901(1). Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.302 Waiver and consent by interested persons. F.S. 733.809 Right of retainer. F.S. 733.810 Distribution in kind;' valuation....
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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

...The requirement to record a certified copy of the order approving sale of real estate in each county where the real property or any part thereof is situated has been deleted. Committee notes revised and expanded. Statutory References F.S. 733.613(1) Personal representative’s right to sell real property. F.S. 733.810 Distribution in kind; valuation....
...The committee has included the procedure for filing and serving of objections to the final accounting, petition for discharge, plan of distribution or compensation in rule 5.401. Statutory References F.S. 731.302 Waiver and consent by interested persons. F.S. 733.809 Right of retainer. F.S. 733.810 Distribution in kind; valuation....
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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

...on. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 731.201(10), (21), Fla. Stat. General definitions. § 731.302, Fla. Stat. Waiver and consent by interested person. § 733.809, Fla. Stat. Right of retainer. § 733.810, Fla....
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Slater v. Slater, 437 So. 2d 1110 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24114

to equalize the total shares of the heirs. See § 733.810(l)(b), Fla.Stat. (1981). The daughter is not entitled
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In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...2005 Revision: Subdivision (f) deleted to avoid duplication with rule 5.180. 2006 Revision: Committee notes revised. Statutory References § 731.201(10), (21), Fla. Stat. General definitions. § 731.302, Fla. Stat. Waiver and consent by interested person. § 733.809, Fla. Stat. Right of retainer. § 733.810, Fla....
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Nebraska Methodist Hosp. v. Wilson, 523 So. 2d 1220 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 912, 1988 Fla. App. LEXIS 1478, 1988 WL 31694

...However, we do find merit in appellant’s assertion of error in the trial judge’s method of calculating the value of certain securities distributed to appellant as part of its share of the estate. Property distributed in kind is to be valued at fair market value as of the date of its distribution. Section 733.810(l)(a)2., Fla.Stat....

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