(1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of the decedent’s will and this code as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the authority in the will, if any, and the authority of any order of the court, for the best interests of interested persons, including creditors.
(2) A personal representative shall not be liable for any act of administration or distribution if the act was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a proceeding challenging intestacy or a proceeding questioning the appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of interested persons.
History.—s. 1, ch. 74-106; s. 74, ch. 75-220; s. 27, ch. 77-87; s. 1, ch. 77-174; s. 270, ch. 79-400; s. 3, ch. 89-340; s. 1001, ch. 97-102; s. 125, ch. 2001-226; s. 37, ch. 2006-217; s. 11, ch. 2009-115.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 733 - Probate Code: Administration of Estates
Part VI - Duties and Powers of Personal Representative (Ss. 733.601-733.620)
733.601 - Time of accrual of duties and powers.
733.603 - Personal representative to proceed without court order.
733.604 - Inventories and accountings; public records exemptions.
733.6065 - Opening safe-deposit box.
733.607 - Possession of estate.
733.608 - General power of the personal representative.
733.609 - Improper exercise of power; breach of fiduciary duty.
733.610 - Sale, encumbrance, or transaction involving conflict of interest.
733.611 - Persons dealing with the personal representative; protection.
733.612 - Transactions authorized for the personal representative; exceptions.
733.613 - Personal representative’s right to sell real property.
733.614 - Powers and duties of successor personal representative.
733.615 - Joint personal representatives; when joint action required.
733.616 - Powers of surviving personal representatives.
733.617 - Compensation of personal representative.
733.6171 - Compensation of attorney for the personal representative.