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Chapter 733 — Administration of Estates

Florida Statute 733.601

“Time of accrual of duties and powers”

What it means

A personal representative's duties and powers commence upon appointment. The statute fixes the start at appointment, not at the date of death.

The powers also relate back. Acts by the person appointed, occurring before appointment and beneficial to the estate, have the same effect as acts occurring after appointment. In addition, a PR may ratify and accept acts done on behalf of the estate by others, when the acts would have been proper for a personal representative.

— What it says
  • Duties and powers commence upon appointment (§ 733.601, first sentence).
  • Powers relate back to give acts by the person appointed, before appointment, the same effect as acts after appointment (§ 733.601, second sentence).
  • Relation back applies only to acts that were beneficial to the estate (§ 733.601, second sentence).
  • A PR may ratify and accept acts done on the estate's behalf by others when the acts would have been proper for a PR (§ 733.601, third sentence).

Text of the statute (2026)

§ 733.601 (first sentence)
The duties and powers of a personal representative commence upon appointment.
§ 733.601 (second sentence)
The powers of a personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment.
§ 733.601 (third sentence)
A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative.

Excerpts are the subsections the summary relies on. Read the full official text of § 733.601.

History. s. 1, ch. 74-106; s. 74, ch. 75-220; s. 1000, ch. 97-102; s. 124, ch. 2001-226.

— In a Florida probate

How it applies

Under § 733.601, duties and powers commence upon appointment. Once a person is appointed, the relation-back sentence gives acts by that person before appointment, if beneficial to the estate, the same effect as acts after appointment. If someone else acted on behalf of the estate, the PR may ratify and accept those acts when they would have been proper for a PR. The text relates back only acts that were beneficial to the estate.

Questions people ask

Can I act for an estate before I am appointed personal representative in Florida?
Duties and powers begin upon appointment. Under § 733.601, once you are appointed, your earlier acts that were beneficial to the estate have the same effect as acts after appointment. Acts that were not beneficial are not covered.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 733.601

Published by the Probate.Help editorial team.How these pages are written and checked.

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