Florida personal representative personal liability: fiduciary duty under § 733.602 and § 733.609, creditor claims under §§ 733.702, 733.705 and 733.710, individual liability under § 733.619, resignation, and discharge under § 733.901

A personal representative (“PR”) is the person a Florida court appoints to administer a decedent’s estate. Florida law holds a PR to the standards that apply to a trustee. This post states what the statutes provide about the PR’s duties, liability, creditor claims, compensation, resignation and discharge. It does not predict how often liability arises.

Fiduciary duty: § 733.602 and § 733.609

• Standard of care: “A personal representative is a fiduciary who shall observe the standards of care applicable to trustees.” § 733.602(1), Fla. Stat. (2026).
• Duty to settle the estate: The PR must settle and distribute the estate under the will and the probate code “as expeditiously and efficiently as is consistent with the best interests of the estate,” using authority “for the best interests of interested persons, including creditors.” § 733.602(1).
• Authorized acts: A PR “shall not be liable for any act of administration or distribution if the act was authorized at the time.” § 733.602(2).
• Liability for breach: The PR’s fiduciary duty “is the same as the fiduciary duty of a trustee of an express trust,” and the PR “is liable to interested persons for damage or loss resulting from the breach of this duty.” § 733.609(1).
• Costs and fees: In actions for breach of fiduciary duty, the court “shall award taxable costs as in chancery actions, including attorney’s fees.” § 733.609(1). The court may direct payment from a party’s interest in the estate or enter a judgment satisfied from other property. § 733.609(2).

Trustee duties that apply to a PR

Because § 733.602(1) and § 733.609(1) refer to trustee standards, the Florida Trust Code duties below are the ones a PR is measured against.

• Loyalty: A trustee administers the trust “solely in the interests of the beneficiaries.” A transaction affected by a conflict between fiduciary and personal interests is voidable by an affected beneficiary unless an exception in the statute applies. § 736.0802(1)-(2), Fla. Stat. (2026).
• Prudence: A trustee must “administer the trust as a prudent person would,” using reasonable care, skill and caution. § 736.0804, Fla. Stat. (2026).
• Records and separation of funds: A trustee must “keep clear, distinct, and accurate records of the administration of the trust” and must hold trust assets apart from the trustee’s personal property. § 736.0810(1)-(2), Fla. Stat. (2026).
• Information: A trustee must keep qualified beneficiaries “reasonably informed of the trust and its administration.” § 736.0813, Fla. Stat. (2026). That section governs trustees. The probate code separately requires a PR to file a verified inventory and to give a beneficiary a written explanation of how an inventory value was determined on written request. § 733.604(1), (3), Fla. Stat. (2026).

Creditor claims and distributions

• Claim deadline: A claim against the estate that arose before death is not binding unless filed on or before the later of 3 months after first publication of the notice to creditors or, for a creditor required to be served, 30 days after service. § 733.702(1), Fla. Stat. (2026).
• Late claims: A claim not timely filed is barred even if no objection is filed, unless the court extends the time for fraud, estoppel, or insufficient notice of the claims period. § 733.702(3).
• Objections: A PR or interested person may object to a claim within 4 months after first publication of the notice to creditors or within 30 days after the claim is filed or amended, whichever is later. § 733.705(2), Fla. Stat. (2026).
• Payment timing: The PR pays claims within 1 year after first publication of the notice to creditors, subject to extensions. No PR is compelled to pay the decedent’s debts until 5 months after first publication. § 733.705(1).
• Liability as between the estate and the PR: Issues of liability between the estate and the PR individually for items in a PR’s proof of claim “shall be determined in the estate administration, in a proceeding for accounting or surcharge, or in another appropriate proceeding.” § 733.705(4).
• Outer limit: Two years after death, neither the estate, the PR, nor the beneficiaries are liable for a claim against the decedent, except for a creditor who filed a claim under § 733.702 within 2 years and whose claim has not been paid or disposed of. § 733.710(1)-(2), Fla. Stat. (2026).
• Payment priority: Reasonable funeral, interment and grave marker expenses are Class 2, not to exceed an aggregate of $6,000, after Class 1 costs and expenses of administration. § 733.707(1)(a)-(b), Fla. Stat. (2026).

The statutes above set claim deadlines. They do not state a rule for what happens to a PR who distributes before a claim is paid. Section 733.609(1) and § 733.619 govern whether a PR is liable for a particular distribution, and the answer depends on the facts.

Individual liability: § 733.619

§ 733.619, Fla. Stat. (2026), addresses when a PR is individually liable:

• Contracts: A PR is generally not personally liable on a contract made in a fiduciary capacity unless the contract provides otherwise, and personal liability can arise if the PR does not disclose the representative capacity and identify the estate in the contract. Attorney fee contracts are addressed separately.
• Property and torts: A PR is personally liable for an obligation arising from ownership or control of estate property, or for a tort committed in administration, only if the PR is personally at fault.
• Claims against the estate: A claim on these obligations may be asserted against the PR in a fiduciary capacity whether or not the PR is personally liable.
• Between the estate and the PR: Questions of individual liability may be decided in a proceeding for accounting, surcharge or indemnification, or another appropriate proceeding.

Compensation and funeral expenses

• Commission: A PR is entitled to a commission payable from estate assets without court order. § 733.617(1), Fla. Stat. (2026). In formal administration the commission is presumed reasonable at 3 percent for the first $1 million, 2.5 percent above $1 million up to $5 million, 2 percent above $5 million up to $10 million, and 1.5 percent above $10 million of the compensable value. § 733.617(2). A PR “may also renounce the right to all or any part of the compensation.” § 733.617(4).
• Compensable value: It is the inventory value of the probate estate assets plus income earned by the estate during administration. § 733.617(1).
• Extraordinary services: The statute allows further reasonable compensation for extraordinary services, including sale of property, litigation, tax proceedings, carrying on the decedent’s business and dealing with protected homestead. § 733.617(3).
• Insurance: A PR acting reasonably may insure estate assets against damage or loss. § 733.612(13), Fla. Stat. (2026).

Resignation

A PR may resign under § 733.502, Fla. Stat. (2026). The statute requires notice to interested persons before the court acts. The court may accept the resignation and revoke letters only if the estate’s interests are not jeopardized. Accepting a resignation does not release the PR or the surety from liability.

Discharge: § 733.901 and Rule 5.400

• Final accounting and petition: Under Fla. Prob. R. 5.400, a PR who has completed administration except for distribution files a final accounting and a petition for discharge that includes a plan of distribution. The rule sets the filing deadline at 12 months after letters issue (for an estate not filing a federal estate tax return, otherwise 12 months from the date the return is due), unless the court extends the time for cause shown.
• Objections: Objections to the accounting, compensation or proposed distribution are due within 30 days after service of the last of the petition or final accounting. A notice of hearing on an objection must be served within 90 days after the objection is filed or the objection is abandoned.
• Order of discharge: On evidence that the estate has been fully administered and properly distributed, the court enters an order discharging the PR and releasing the surety on any bond.
• Statute: § 733.901, Fla. Stat. (2026), provides that after administration is completed the PR “shall be discharged,” and that discharge releases the PR from further liability and bars actions against the PR and the surety as the statute provides.

The PR duties guide covers the full administration process.

Sources

1. Fla. Stat. § 733.602, General duties: https://www.flsenate.gov/Laws/Statutes/2026/733.602 (supports trustee standard of care, duty to settle, no liability for authorized acts).
2. Fla. Stat. § 733.609, Improper exercise of power; breach of fiduciary duty: https://www.flsenate.gov/Laws/Statutes/2026/733.609 (supports liability to interested persons and fee award).
3. Fla. Stat. § 733.619, Individual liability of personal representative: https://www.flsenate.gov/Laws/Statutes/2026/733.619 (supports contract, property, tort and accounting-proceeding rules).
4. Fla. Stat. § 733.702, Limitations on presentation of claims: https://www.flsenate.gov/Laws/Statutes/2026/733.702 (supports 3-month and 30-day claim deadlines, late-claim bar).
5. Fla. Stat. § 733.705, Payment of and objection to claims: https://www.flsenate.gov/Laws/Statutes/2026/733.705 (supports 4-month objection period, 1-year payment period, 5-month rule, subsection (4) liability proceedings).
6. Fla. Stat. § 733.710, Limitations on claims against estates: https://www.flsenate.gov/Laws/Statutes/2026/733.710 (supports 2-year limit).
7. Fla. Stat. § 733.707, Order of payment of expenses and obligations: https://www.flsenate.gov/Laws/Statutes/2026/733.707 (supports Class 2 funeral expenses capped at $6,000).
8. Fla. Stat. § 733.617, Compensation of personal representative: https://www.flsenate.gov/Laws/Statutes/2026/733.617 (supports commission rates, renunciation, extraordinary services).
9. Fla. Stat. § 733.612, Transactions authorized for the personal representative: https://www.flsenate.gov/Laws/Statutes/2026/733.612 (supports subsection (13) insurance authority).
10. Fla. Stat. § 733.604, Inventories and accountings: https://www.flsenate.gov/Laws/Statutes/2026/733.604 (supports inventory and beneficiary explanation of values).
11. Fla. Stat. § 733.502, Resignation: https://www.flsenate.gov/Laws/Statutes/2026/733.502 (supports notice, court discretion, no release from liability).
12. Fla. Stat. § 733.901, Final discharge: https://www.flsenate.gov/Laws/Statutes/2026/733.901 (supports discharge after administration is completed).
13. Fla. Stat. § 736.0802, Duty of loyalty: https://www.flsenate.gov/Laws/Statutes/2026/736.0802 (supports loyalty and voidable conflict transactions).
14. Fla. Stat. § 736.0804, Prudent administration of trust: https://www.flsenate.gov/Laws/Statutes/2026/736.0804 (supports the prudent-person standard).
15. Fla. Stat. § 736.0810, Recordkeeping and identification of trust property: https://www.flsenate.gov/Laws/Statutes/2026/736.0810 (supports clear records and separation of assets).
16. Fla. Stat. § 736.0813, Duty to inform and account: https://www.flsenate.gov/Laws/Statutes/2026/736.0813 (supports keeping qualified beneficiaries reasonably informed).
17. Fla. Prob. R. 5.400, Distribution and discharge: https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-15-26-1.pdf (Florida Probate Rules, Oct. 15, 2026 edition; supports final accounting, petition for discharge, objection periods and discharge order).

Last checked: October 19, 2026.