Florida Statutes

Fla. Stat. § 733.812 (2025)

Improper distribution or payment; liability of distributee or payee.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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733.812 Improper distribution or payment; liability of distributee or payee.—A distributee or a claimant who was paid improperly must return the assets or funds received, and the income from those assets or interest on the funds since distribution or payment, unless the distribution or payment cannot be questioned because of adjudication, estoppel, or limitations. If the distributee or claimant does not have the property, its value at the date of disposition, income thereon, and gain received by the distributee or claimant must be returned.

History.—s. 1, ch. 74-106; s. 92, ch. 75-220; s. 1023, ch. 97-102; s. 162, ch. 2001-226.

Notes of Decisions

Cited in 14 cases, 1983–2015 · leading case: Hall v. Tungett, 980 So. 2d 1289 (Fla. 2d DCA 2008).

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Hall v. Tungett, 980 So. 2d 1289 (Fla. 2d DCA 2008). · cites it 5× “Pursuant to section 733.812, Florida Statutes (2006), the PR requested *1291 that the probate court enter an order directing Ms.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 733.812, Fla. Stat. Improper distribution or payment; liability of distributee or payee.”

Weitzman v. Resolution Trust Corp., 608 So. 2d 510 (Fla. 4th DCA 1992). · cites it 3× “*512 Nor is there any basis under section 733.812, Florida Statutes (1991), to find that defendants were “distributees” of property of the estate who could be reached by this rather summary method.”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 2× “§ 733.812, Fla. Stat. Improper distribution or payment; liability of distributee or payee.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.812 Improper distribution; liability of distributee.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 733.812 Improper distribution; liability of distributee.”

Slater v. Slater, 437 So. 2d 1110 (Fla. 5th DCA 1983). · cites it 2× “To the extent that the son obtained partial distributions in excess of that of the daughter, the excess distributions to the son could be treated as improperly distributed and the son be required to return to the estate the property improperly received and its income since…”

Keul v. Hodges Blvd. Presbyterian Church, 180 So. 3d 1074 (Fla. 1st DCA 2015). · cites it 4× “§ 733.812, Fla. Stat. (2014) (requiring anyone who improperly receives assets or funds to return them, together with income and gain from the date received); see also McCormick v.”

Bailey v. Capital Bank, 637 So. 2d 365 (Fla. 4th DCA 1994). · cites it 6× “His amended petition, filed in July, 1992, against appellee pursuant to section 733.812, Florida Statutes (1991), 3 sought the return of 4,098.”

In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). · cites it 2× “§ 733.812, Fla. Stat. Improper distribution or payment; liability of distributee or payee.”

In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007). · cites it 2× “§ 733.812, Fla. Stat. Improper distribution or payment; liability of distributee or payee.”

In re Est. of Vernon, 614 So. 2d 1188 (Fla. 4th DCA 1993). · cites it 2× “The Appellee was not, as alleged, either a claimant or distributee under section 733.812, Florida Statutes. STONE and FARMER, JJ.”

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