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. 733.802

733.802 Proceedings for compulsory payment of devises or distributive interest.—

(1) Before final distribution, no personal representative shall be compelled:

(a) To pay a devise in money before the final settlement of the personal representative’s accounts,

(b) To deliver specific personal property devised, unless the personal property is exempt personal property,

(d) To surrender land to any beneficiary,

unless the beneficiary establishes that the property will not be required for the payment of debts, family allowance, estate and inheritance taxes, claims, elective share of the surviving spouse, charges, or expenses of administration or to provide funds for contribution or to enforce equalization in case of advancements.

(2) An order directing the surrender of real property or the delivery of personal property by the personal representative to the beneficiary shall be conclusive in favor of bona fide purchasers for value from the beneficiary or distributee as against the personal representative and all other persons claiming by, through, under, or against the decedent or the decedent’s estate.

(3) If the administration of the estate has not been completed before the entry of an order of partial distribution, the court may require the person entitled to distribution to give a bond with sureties as prescribed in s. 45.011, conditioned on the making of due contribution for the payment of devises, family allowance, estate and inheritance taxes, claims, elective share of the spouse, charges, expenses of administration, and equalization in case of advancements, plus any interest on them.

History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 37, ch. 77-87; s. 1, ch. 77-174; s. 272, ch. 79-400; s. 1019, ch. 97-102; s. 154, ch. 2001-226.

Note.—Created from former s. 734.03.

F.S. 733.802 on Google Scholar

F.S. 733.802 on Casetext

Amendments to 733.802

Arrestable Offenses / Crimes under Fla. Stat. 733.802

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.802.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 733.802, Fla. Stat. Proceedings for compulsory payment of devises or distributive interest. . . .

PEARSON v. COBB,, 713 So. 2d 1069 (Fla. Dist. Ct. App. 1998)

. . . Appellants contend that the trial court violated section 733.802, Florida Statutes, by authorizing distribution . . . this, however, there is nothing in the record provided which indicates that applicability of section 733.802 . . . in a motion for rehearing filed by the appellants but this motion contains no reference to section 733.802 . . .

In ROSIN, P. v. P. P., 248 B.R. 625 (Bankr. M.D. Fla. 1998)

. . . . § 733.802. . . . .

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

. . . Fr&¿ 733.802, FIa.Stat. Proceedings for compulsory payment of devises or distributive interest. . . .

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

. . . Statutory Reference F.S. 733.802 Proceedings for compulsory payment of devises or distributive interest . . .

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

. . . Statutory Reference F.S. 733.802 Proceedings for compulsory payment of devises or distributive interest . . .

In ESTATE OF G. D. POLLY, WRIGHT v. ETTER, 511 So. 2d 755 (Fla. Dist. Ct. App. 1987)

. . . See § 733.802(1), Fla.Stat. (1985). . . .

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

. . . Statutory Reference F.S. 733.802 Proceedings for compulsory payment of devises or distributive interest . . .

In ESTATE LIEBERMAN,, 356 So. 2d 17 (Fla. Dist. Ct. App. 1978)

. . . Section 733.802 of the Florida Statutes provides that no personal representative may be compelled to . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . Committee Notes: 1975 Revision: This rule is substantially the same as FPC 733.802 except for the inclusion . . . of “spouse’s elective share” which is set forth in FPC 733.802(3). . . . Statutory References: FPC 733.802. 1977 Revision: Unchanged. RULE 5.390. . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . Committee Note: This rule is substantially the same as FPC 733.802 except for the inclusion of “spouse . . . ’s elective share” which is set forth in FPC 733.802(3). . . . STATUTORY REFERENCE: FPC 733.802. . . .