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Florida Statute 733.619 | Lawyer Caselaw & Research
F.S. 733.619 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 733.619

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
F.S. 733.619
733.619 Individual liability of personal representative.
(1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract, except a contract for attorney’s fee, properly entered into as fiduciary unless the personal representative fails to reveal that representative capacity and identify the estate in the contract.
(2) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if personally at fault.
(3) Claims based on contracts, except a contract for attorney’s fee, entered into by a personal representative as a fiduciary, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration, may be asserted against the estate by proceeding against the personal representative in that capacity, whether or not the personal representative is individually liable.
(4) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding.
History.s. 82, ch. 75-220; s. 32, ch. 77-87; s. 228, ch. 77-104; s. 1015, ch. 97-102; s. 144, ch. 2001-226.

F.S. 733.619 on Google Scholar

F.S. 733.619 on Casetext

Amendments to 733.619


Arrestable Offenses / Crimes under Fla. Stat. 733.619
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.619.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA PROBATE RULES- FAST- TRACK REPORT., 253 So. 3d 983 (Fla. 2018)

. . . . § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. . . .

L. KAPLAN, v. KAPLAN,, 624 F. App'x 680 (11th Cir. 2015)

. . . . § 733.619 (“Issues of liability as between the estate and the personal representative individually . . .

G. KOZINSKI, v. STABENOW, 152 So. 3d 650 (Fla. Dist. Ct. App. 2014)

. . . .” § 733.619(4), Fla. Stat. (2014) (emphasis added). . . .

POMPANO MASONRY CORPORATION, a v. S. ANASTASI,, 125 So. 3d 210 (Fla. Dist. Ct. App. 2013)

. . . In Langer, we reversed the trial court’s entry of fees under sections 733.609 and 733.619, Florida Statutes . . .

KAPLAN, v. KAPLAN,, 903 F. Supp. 2d 1304 (M.D. Fla. 2012)

. . . However, Section 733.619(2) ensures a heightened standard of liability by limiting a lawsuit against . . .

L. LANGER, Co- B. Co- B. Co- V. Co- B. v. FELS,, 93 So. 3d 1069 (Fla. Dist. Ct. App. 2012)

. . . argued entitlement to fees on the grounds listed in his motion as well as under sections 733.609 and 733.619 . . . breach of fiduciary duty or improper exercise of a personal representative’s powers; and (iii) section 733.619 . . . in the course of administration of the estate if personally at fault. §§ 733.106(3), 733.609(1) and 733.619 . . . hearing, the trial court concluded that Fels was entitled to fees pursuant to sections 733.609(1) and 733.619 . . . appeal, Fels moved for an award of appellate attorney’s fees pursuant to sections 733.106, 733.609 and 733.619 . . .

SMITH Co- P. v. DePARRY, P. III,, 86 So. 3d 1228 (Fla. Dist. Ct. App. 2012)

. . . . § 733.619(2) (“A personal representative is individually liable for obligations arising from ownership . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

. . . . § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 807 So. 2d 622 (Fla. 2001)

. . . . § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. . . .

In ESTATE OF C. CATAPANE, C. P. A. C. v. By, 759 So. 2d 9 (Fla. Dist. Ct. App. 2000)

. . . See, e.g., §§ 733.609, 733.610, 733.619, Fla. Stat. . . .

PEARSON, a v. A. DeLAMERENS, M. D. A. M. D. P. A. M. D. C. M. D. A. M. D. A. M. D. P. A., 656 So. 2d 217 (Fla. Dist. Ct. App. 1995)

. . . See §§ 733.602, 733.609, 733.610, 733.619, Fla.Stat. (1993); cf. Continental Nat’l Bank v. . . .

SCHUMANN, v. WEATHERS,, 643 So. 2d 690 (Fla. Dist. Ct. App. 1994)

. . . Section 733.619, Fla.Stat. (1991) provides: (2) A personal representative is individually liable for . . .

LURIA, v. WORLD EVANGELISM, a, 611 So. 2d 5 (Fla. Dist. Ct. App. 1992)

. . . The Florida Probate Code provides, in part: 733.619 Individual liability of personal representative.— . . . torts committed in the course of administration of the estate only if he is personally at fault. § 733.619 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Improper exercise of power; breach of fiduciary duty. 733.619(2), and (4), Fla.Stat. . . .

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

. . . liable to interested persons for damage or loss resulting from a breach of his fiduciary duty,” section 733.619 . . .

MOORE, L. v. MOORE, L., 577 So. 2d 1359 (Fla. Dist. Ct. App. 1991)

. . . . § 733.619, Pla.Stat. (1985). . . .

AMERICAN TELEPHONE TELEGRAPH COMPANY, v. I. FRAISER, Jr. A. a a Jr. J., 545 So. 2d 405 (Fla. Dist. Ct. App. 1989)

. . . For the same reasons, Section 733.619, Florida Statutes, authorizing suits against a personal representative . . .

R. DURDEN, T. a v. CENTURY COMPASS POINTS, INC., 541 So. 2d 1264 (Fla. Dist. Ct. App. 1989)

. . . Section 733.619(3), Florida Statutes, provides as follows: (3) Claims based on contracts, except a contract . . .

U. YOUNG W. v. K. JOHNSON, a, 538 So. 2d 1387 (Fla. Dist. Ct. App. 1989)

. . . See § 733.619(2), Fla.Stat. (1983). See abo, Zeleny v. Kamosh, 224 Or. 419, 356 P.2d 426 (1960). . . .

RAINIER, S. v. CALHOUN,, 534 So. 2d 735 (Fla. Dist. Ct. App. 1988)

. . . estate by proceeding against the personal representative in his fiduciary capacity pursuant to section 733.619 . . . Beck, 383 So.2d 268, 272 (Fla. 3d DCA 1980); § 733.619(2), Fla.Stat. (1987). . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 733.619(2) and (4) Individual liability of personal representative. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 733.619(2) and (4) Individual liability of personal representative. . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . F.S. 733.619(2) and (4) Individual liability of personal representative. . . .

E. HUGUENOR, v. HUGUENOR, P., 420 So. 2d 344 (Fla. Dist. Ct. App. 1982)

. . . Volusia County, she becomes personally liable to interested persons under section 733.609 and section 733.619 . . .