Florida Statute 733.612
“Transactions authorized for the personal representative; exceptions”
What it means
The powers list. Unless the will or a court order says otherwise — and subject to the abatement priorities in s. 733.805 — a personal representative, acting reasonably for the benefit of the interested persons, may carry out 28 listed transactions without court order: retain and insure assets, perform the decedent's contracts, invest, lease, make repairs, abandon valueless property, borrow money, pay taxes and expenses, vote securities, and more.
The ones we cite most: (19) employ attorneys, accountants, appraisers, and investment advisers and rely on their advice; (20) prosecute or defend claims in any jurisdiction to protect the estate, the decedent's property, and the PR; (21) sell, mortgage, or lease personal property; (22) continue an unincorporated business — but only 4 months without a court order; (26) make partial distributions.
- 28 transactions are authorized without court order — subject to the will, court orders, and s. 733.805 priorities.
- Everything is conditioned on acting reasonably, for the benefit of the interested persons.
- Power (19): employ attorneys, accountants, appraisers, investment advisers — and act on their recommendations without independent investigation.
- Power (20): prosecute or defend claims in any jurisdiction for the protection of the estate, the decedent's property, and the PR.
- Power (22): continue an unincorporated business in the same form only 4 months from appointment — longer requires a court order.
- Selling real property is not on the list — power (5) excludes it — so a sale rests on will authority or a court order.
How it plays out
Half the questions a new PR asks are answered by this list: yes, you can hire the accountant; yes, you can pay the utility bill on the empty house; yes, you can sue the contractor who took a deposit — no hearing required. The two traps are what the list leaves out. Real estate needs the will's power of sale or a court order. And the 4-month limit on running an unincorporated business arrives faster than any business decision does, so we calendar it at appointment.
Where this shows up
Pages on this site where § 733.612 does real work:
Questions people ask
