Florida Statutes
Fla. Stat. § 733.815 (2025)
Private contracts among interested persons.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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733.815 Private contracts among interested persons.—Subject to the rights of creditors and taxing authorities, interested persons may agree among themselves to alter the interests, shares, or amounts to which they are entitled in a written contract executed by them. The personal representative shall abide by the terms of the contract, subject to the personal representative’s obligation to administer the estate for the benefit of interested persons who are not parties to the contract, and to pay costs of administration. Trustees of a testamentary trust are interested persons for the purposes of this section. Nothing in this section relieves trustees of any duties owed to beneficiaries of trusts.
Notes of Decisions
Cited in 12
cases, 1984–2020 · leading case: Clifton v. Clifton, 553 So. 2d 192 (Fla. 5th DCA 1989).
Clifton v. Clifton, 553 So. 2d 192 (Fla. 5th DCA 1989). “Heirs and beneficiaries may formally agree to alter their prescribed interests in an estate, but such an agreement must be in writing and comply with section 733.815, Florida Statutes. All parties to this lawsuit agree that no such agreement was executed in this case.”
Blatt v. Green, Rose, Kahn & Piotrkowski, 456 So. 2d 949 (Fla. 3d DCA 1984). “Section 733.815 provides in pertinent part that: competent interested persons may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will or under the laws of intestacy in a written contract executed by all who are affected.”
Richardson v. Green, 528 A.2d 429 (D.C. 1987). “Appellant’s only recourse for future cases is to try to persuade our legislature to enact a statute like the Florida statute which he has cited to us, Fla.Stat.Ann. § 733.815 (West 1976), or the uniform act on which it was based, Unif.”
Mullins v. Mullins, 274 So. 3d 513 (Fla. 5th DCA 2019). “See § 733.815, Fla. Stat. (2011). And as conceded by counsel, no contract between the three exists that would alter the interests, shares, or amounts to which they are entitled.”
Green v. Rosin (In re Rosin), 248 B.R. 625 (Bankr. M.D. Fla. 1998). “(Fla.Stat. § 733.815, Private agreements among distributees.”
In re Est. of Litras, 608 So. 2d 847 (Fla. 4th DCA 1992). “The trial court relied on section 733.815, Florida Statutes (1989), in denying the settlement.”
Mullins v. Mullins, 274 So. 3d 513 (Fla. 5th DCA 2019). “See § 733.815, Fla. Stat. (2011). And as conceded by counsel, no contract between the three exists that would alter the interests, shares, or amounts to which they are entitled.”
Warner v. Quicken Loans, Inc. (M.D. Fla. 2020). “In rejecting an argument that consent to the form of the order altered the property rights established by the mother’s will, the court observed heirs and beneficiaries may formally agree to alter their prescribed interests in an estate, but the agreement must be in writing and…”
John Pitcher v. Olga Waldo, individually, & as Pers. Rep. of the Est. of Christina Pitcher, for & on behalf of the Est. & survivors thereof (Fla. 4th DCA 2015). “Appellant sought relief pursuant to section 733.815, Florida Statutes (2012), which provides that interested persons can agree to alter their shares of property from an estate.”
Childers v. Clay Cnty. Bd. of Cnty. Commissioners, 128 So. 3d 201 (Fla. 1st DCA 2013). “…it, record showed only that, at end of day, she read and signed agreement without requesting additional time. West’s F.S.A. § 733.815.”
Pierce v. Pierce, 128 So. 3d 204 (Fla. 1st DCA 2013). “The Florida Probate Code has embraced this preference in section 733.815, Florida Statutes, which provides that “interested persons may agree among themselves to alter interests, shares, or amounts to which they are entitled in a written contract executed by them.”
Pitcher v. Waldo, 159 So. 3d 422 (Fla. 4th DCA 2015). “Appellant sought relief pursuant to section 733.815, Florida Statutes (2012), which provides that interested persons can agree to alter their shares of property from an estate.”
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