The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.615

733.615 Joint personal representatives; when joint action required.—

(1) If two or more persons are appointed joint personal representatives, and unless the will provides otherwise, the concurrence of all joint personal representatives appointed pursuant to a will or codicil executed prior to October 1, 1987, or appointed to administer an intestate estate of a decedent who died prior to October 1, 1987, or of a majority of joint personal representatives appointed pursuant to a will or codicil executed on or after October 1, 1987, or appointed to administer an intestate estate of a decedent dying on or after October 1, 1987, is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any joint personal representative receives and receipts for property due the estate, when the concurrence required under this subsection cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a joint personal representative has been delegated to act for the others.

(2) Where action by a majority of the joint personal representatives appointed is authorized, a joint personal representative who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise, and a dissenting joint personal representative is not liable for the consequences of an action in which the dissenting personal representative joins at the direction of the majority of the joint personal representatives, if the dissent is expressed in writing to the other joint personal representatives at or before the time of the action.

(3) A person dealing with a joint personal representative without actual knowledge that joint personal representatives have been appointed, or if advised by a joint personal representative that the joint personal representative has authority to act alone for any of the reasons mentioned in subsection (1), is as fully protected in dealing with that joint personal representative as if that joint personal representative possessed and properly exercised the power.

History.—s. 1, ch. 74-106; s. 1, ch. 87-317; s. 4, ch. 88-340; s. 1013, ch. 97-102; s. 139, ch. 2001-226.

Note.—Created from former s. 732.50.

F.S. 733.615 on Google Scholar

F.S. 733.615 on Casetext

Amendments to 733.615

Arrestable Offenses / Crimes under Fla. Stat. 733.615

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.615.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GORDIN v. ESTATE OF MAISEL, a k a W. W., 179 So. 3d 518 (Fla. Dist. Ct. App. 2015)

. . . Section 733.615, Florida Statutes.(2014), requires that, if there'are joint personal representatives, . . . Since the curator is not a joint personal representative, section 733.615 does not provide an applicable . . .

MARTINEZ, M. D. M. D. P. A. v. T. IPOX a, 925 So. 2d 448 (Fla. Dist. Ct. App. 2006)

. . . Section 733.615(1) provides that “the concurrence of all joint personal representatives appointed ... . . . Section 733.615 provides that “multiple representatives must act in concert, and have no authority to . . . See § 733.615(1) (providing that concurrence of all joint personal representatives is not required “when . . .

COSTELLO, Co- v. DAVIS, Co- F. P. A., 890 So. 2d 1179 (Fla. Dist. Ct. App. 2004)

. . . See § 733.615(3), Fla. Stat. (2001). No one has appealed the trial court’s order approving Mr. . . . Faust was entitled to the protection of section 733.615(3) under the circumstances of this case. . . . the estate because both of the co-personal representatives had not signed it as required by section 733.615 . . . Scionti,. 406 So.2d 529, 532 (Fla. 2d DCA 1981) (construing . an earlier version of section 733.615(1 . . . Medina’s office. § 733.615(1); Rand, 489 So.2d at 797 n. 4. Mr. Davis’s contract with Mr. . . .

SAIA MOTOR FREIGHT LINE, INC. a RAY v. REID Co-, 888 So. 2d 102 (Fla. Dist. Ct. App. 2004)

. . . See also § 733.615, Fla. Stat. (2004). . . .

PHIPPS, v. ESTATE BURDINE,, 586 So. 2d 381 (Fla. Dist. Ct. App. 1991)

. . . Section 733.615, Florida Statutes (1987) provides that when joint personal representatives are appointed . . .

CAIDIN, v. LAKOW P., 546 So. 2d 788 (Fla. Dist. Ct. App. 1989)

. . . The fact that the release contained only one signature instead of two, as required by section 733.615 . . .

Jo STILWELL, v. ESTATE OF W. CROSBY,, 519 So. 2d 68 (Fla. Dist. Ct. App. 1988)

. . . Section 733.615, Florida Statutes requires the concurrence of all fiduciaries on all acts connected with . . .

In ESTATE OF PEARCE,, 507 So. 2d 729 (Fla. Dist. Ct. App. 1987)

. . . Foster, 454 So.2d 721 (Fla. 4th DCA 1984), ended ultimately in dismissal, because section 733.615, Florida . . . representative who proceeded in good faith with an appeal that is, however, unauthorized under section 733.615 . . . admits, of course, that that appeal was properly dismissed because of the unmet requirement of section 733.615 . . . that appeal, until after argument on the merits, suggests that the effect on that appeal of section 733.615 . . .

RAND, A. v. J. GILLER,, 489 So. 2d 796 (Fla. Dist. Ct. App. 1986)

. . . . § 733.615, Fla.Stat. (1983). . . .

F. PEARCE, Co- v. FOSTER, D. L., 454 So. 2d 721 (Fla. Dist. Ct. App. 1984)

. . . She claims that appellant’s unilateral action contravenes section 733.615, Florida Statutes (1983), which . . .

MESSINA, v. SCIONTI,, 406 So. 2d 529 (Fla. Dist. Ct. App. 1981)

. . . . § 733.615, Fla.Stat. . . .

In ESTATE GOLDNER,, 389 So. 2d 334 (Fla. Dist. Ct. App. 1980)

. . . Section 733.615, Florida Statutes (1977), specifies in pertinent part: If two or more persons are appointed . . .