Chapter 733 — Administration of Estates

Florida Statute 733.602

“General duties”

What it means

A personal representative is a fiduciary who must observe the standards of care applicable to trustees. The PR has a duty to settle and distribute the estate in accordance with the will and the Probate Code, as expeditiously and efficiently as the interests of the estate allow. The PR must use the authority conferred by the code, the will, and any court order for the benefit of interested persons, including creditors.

Subsection (2) limits liability. A PR is not liable for an act of administration or distribution that was authorized at the time. A probated will is authority to administer and distribute according to its terms. An order of appointment is authority to distribute apparently intestate assets to the decedent's heirs if, at the time of distribution, the PR is not aware of a proceeding challenging intestacy or questioning the appointment or fitness to continue. The section does not affect the duty to administer and distribute in accordance with the rights of interested persons.

— What it says

A PR is a fiduciary who must observe the standards of care applicable to trustees (§ 733.602(1)).
The PR must settle and distribute as expeditiously and efficiently as is consistent with the estate's interests (§ 733.602(1)).
Authority must be used for the benefit of interested persons, including creditors (§ 733.602(1)).
A PR is not liable for an act of administration or distribution that was authorized at the time (§ 733.602(2)).
An appointment order is authority to distribute apparently intestate assets to heirs if the PR is not aware of a proceeding challenging intestacy, the appointment, or fitness (§ 733.602(2)).

Text of the statute (2026)

§ 733.602(1)

(1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of the decedent’s will and this code as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the authority in the will, if any, and the authority of any order of the court, for the best interests of interested persons, including creditors.

§ 733.602(2)

(2) A personal representative shall not be liable for any act of administration or distribution if the act was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a proceeding challenging intestacy or a proceeding questioning the appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of interested persons.

Excerpts are the subsections the summary relies on. Read the full official text of § 733.602.

History. s. 1, ch. 74-106; s. 74, ch. 75-220; s. 27, ch. 77-87; s. 1, ch. 77-174; s. 270, ch. 79-400; s. 3, ch. 89-340; s. 1001, ch. 97-102; s. 125, ch. 2001-226; s. 37, ch. 2006-217; s. 11, ch. 2009-115.

— In a Florida probate

How it applies

Subsection (1) supplies the standard against which a PR's conduct is measured, and § 733.609 supplies liability for breaching it. Subsection (2) protects acts that were authorized when taken, such as administering under a probated will, or distributing apparently intestate assets while no challenge is pending. If the PR is aware of a pending challenge to the intestacy, the appointment, or the PR's fitness to continue, the appointment order is not authority for the distribution.

Where this shows up

Pages on this site where § 733.602 does real work:

Related sections

§ 733.609Improper exercise of power; breach of fiduciary duty § 733.601Time of accrual of duties and powers § 733.612Transactions authorized for the personal representative; exceptions § 733.617Compensation of personal representative § 518.11Investments by fiduciaries; prudent investor rule

Questions people ask

What duties does a Florida personal representative owe?

Under § 733.602, a PR is a fiduciary held to trustee standards of care. The PR must settle and distribute the estate under the will and the Probate Code as expeditiously and efficiently as the estate's interests allow, for the benefit of interested persons including creditors.

Is a personal representative liable for following the will?

Not for an act of administration or distribution that was authorized at the time. Under § 733.602(2), a probated will is authority to administer and distribute the estate according to its terms.

Sources

Fla. Stat. § 733.602 (2026) (Subsections (1)-(2): fiduciary standard, duty to settle and distribute, authorized-act protection.)
Fla. Stat. § 733.609 (2026) (Fiduciary duty and liability for breach.)

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 § 733.602

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