Florida Statutes
Fla. Stat. § 733.810 (2025)
Distribution in kind; valuation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—Created from former s. 734.031.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1982–2025 · leading case: Florida Bar, 537 So. 2d 500 (Fla. 1988).
Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.810 Distribution in kind; valuation.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.810, Fla. Stat. Distribution in kind; valuation.”
Ray v. Rotella, 425 So. 2d 94 (Fla. 5th DCA 1982). “§ 733.810(1), Fla.Stat. (1981). Secondly, since the heirs have already inherited the title, the distribution to them is not of the title but is of the personal representative’s rights and is legally more in the nature of a formal termination of the possession and power of…”
Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 733.810 Distribution in kind; valuation.”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 733.810, Fla. Stat. Distribution in kind; valuation.”
Slater v. Slater, 437 So. 2d 1110 (Fla. 5th DCA 1983). “See § 733.810(l)(b), Fla.Stat. (1981). The daughter is not entitled to an appreciation adjustment on the excess partial distributions of real estate received by the son.”
Jeanine Sagebien Hinson, Etc. v. in Re: John A. Hinson (Fla. 3d DCA 2025). “They also contended section 733.810, Florida Statutes, contained applicable exceptions to in-kind distributions.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “FtSt§ 733.810, Fla.Stat. Distribution in kind; valuation.”
In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). “§ 733.810, Fla. Stat. Distribution in kind; valuation.”
In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007). “§ 733.810, Fla. Stat. Distribution in kind; valuation.”
In re Est. of Iandoli, 22 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1986). “613(2) and F.S. 733.810(1). However, even without the general power of sale, the daughter’s right to in kind distribution would have been eliminated because it is not practicable to distribute undivided interests in the property to the widow and the daughter for the reasons…”
Florida Bar, 531 So. 2d 1261 (Fla. 1988). “F.S. 733.810. Distribution in kind; valuation.”
— 733.810(1) — 3 cases
Ray v. Rotella, 425 So. 2d 94 (Fla. 5th DCA 1982). “§ 733.810(1), Fla.Stat. (1981). Secondly, since the heirs have already inherited the title, the distribution to them is not of the title but is of the personal representative’s rights and is legally more in the nature of a formal termination of the possession and power of…”
Jeanine Sagebien Hinson, Etc. v. in Re: John A. Hinson (Fla. 3d DCA 2025). “They also contended section 733.810, Florida Statutes, contained applicable exceptions to in-kind distributions.”
In re Est. of Iandoli, 22 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1986). “613(2) and F.S. 733.810(1). However, even without the general power of sale, the daughter’s right to in kind distribution would have been eliminated because it is not practicable to distribute undivided interests in the property to the widow and the daughter for the reasons…”
— 733.810(1)(a) — 1 case
Jeanine Sagebien Hinson, Etc. v. in Re: John A. Hinson (Fla. 3d DCA 2025). “They also contended section 733.810, Florida Statutes, contained applicable exceptions to in-kind distributions.”
— 733.810(l)(a) — 1 case
Nebraska Methodist Hosp. v. Wilson, 523 So. 2d 1220 (Fla. 1st DCA 1988).
— 733.810(l)(b) — 2 cases
Slater v. Slater, 437 So. 2d 1110 (Fla. 5th DCA 1983). “See § 733.810(l)(b), Fla.Stat. (1981). The daughter is not entitled to an appreciation adjustment on the excess partial distributions of real estate received by the son.”
In re Est. of Iandoli, 22 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1986). “613(2) and F.S. 733.810(1). However, even without the general power of sale, the daughter’s right to in kind distribution would have been eliminated because it is not practicable to distribute undivided interests in the property to the widow and the daughter for the reasons…”
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