Florida Statute 733.608
“General power of the personal representative”
What it means
Subsection (1) defines what the personal representative controls: all of the decedent's Florida property, except protected homestead, is an asset in the PR's hands — for paying devises, family allowance, elective share, taxes, claims, and expenses of administration; for enforcing contribution and equalizing advancements; and for distribution.
The rest of the section handles the awkward case: property that looks like protected homestead but stands unoccupied. The PR may take possession of it — but only to preserve, insure, and protect it for whoever turns out to own it, pending the homestead determination. Money the PR reasonably spends doing that becomes a debt secured by a lien on the property, recordable in the county records and foreclosable like a mortgage. The heirs are not personally liable; the property itself answers.
- All Florida property of the decedent, except protected homestead, is an estate asset in the PR's hands.
- Estate assets serve payment of devises, allowances, elective share, taxes, claims, and expenses — then contribution, advancement equalization, and distribution.
- The PR may possess unoccupied apparent homestead — only to preserve, insure, and protect it pending the homestead determination.
- Documented preservation costs become a debt secured by a lien on the protected homestead, adjudicated after formal notice.
- The lien attaches on recording, terminates 1 year after recording if no enforcement proceeding is filed, and is foreclosed like a mortgage.
- An estoppel letter is due within 14 days of written request; a satisfaction must be recorded within 30 days of payment.
How it plays out
This section answers a question every empty-house estate asks: who pays the bills while the court decides whether it is homestead? We use the possession power carefully and keep receipts for every insurance premium, roof repair, and lawn cut, because documented preservation costs become a lien and undocumented ones become a donation. Families are usually relieved by the structure — no heir is personally liable, the fight stays contained to the property, and the one-year clock keeps liens from sitting forever.
