What it means
Unless the will provides otherwise, a personal representative has a right to, and shall, take possession or control of the decedent's property, except the protected homestead. Real property or tangible personal property may be left with, or surrendered to, the person presumptively entitled to it unless the PR's possession is necessary for administration. A PR's request for delivery of property held by a beneficiary is conclusive evidence of that necessity in an action against the beneficiary. The PR must take all steps reasonably necessary to manage, protect, and preserve the estate until distribution, and may sue to recover possession or to determine title.
The PR has no right to, and shall not knowingly take, a surviving spouse's one-half share of community property covered by the Florida Uniform Disposition of Community Property Rights at Death Act (ss. 732.216-732.228).
Subsection (2) addresses a shortfall. If, after statutory entitlements and non-residuary devises, estate assets cannot pay administration expenses and obligations, the PR is entitled to payment from the trustee of a trust described in s. 733.707(3) (a trust the decedent had a right to revoke), in the amount the PR certifies in writing, subject to s. 736.05053 and s. 733.805.
- The PR has a right to, and shall, take possession or control of the decedent's property, except protected homestead, unless the will provides otherwise (§ 733.607(1)).
- Real or tangible personal property may be left with the person presumptively entitled to it unless administration requires possession (§ 733.607(1)).
- A PR's request for delivery of property held by a beneficiary is conclusive evidence that possession is necessary for administration (§ 733.607(1)).
- The PR must take all steps reasonably necessary to manage, protect, and preserve the estate, and may sue to recover possession or determine title (§ 733.607(1)).
- The PR shall not knowingly take a surviving spouse's one-half share of community property under ss. 732.216-732.228 (§ 733.607(1)).
- A shortfall may be paid from the trustee of a s. 733.707(3) trust, in the amount the PR certifies in writing (§ 733.607(2)).
Text of the statute (2026)
(1) Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except the protected homestead, but any real property or tangible personal property may be left with, or surrendered to, the person presumptively entitled to it unless possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by a beneficiary is conclusive evidence that the possession of the property by the personal representative is necessary for the purposes of administration, in any action against the beneficiary for possession of it. The personal representative shall take all steps reasonably necessary for the management, protection, and preservation of the estate until distribution and may maintain an action to recover possession of property or to determine the title to it. Notwithstanding anything in this section, the personal representative has no right to, and shall not knowingly take possession or control of, a surviving spouse’s one-half share of property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, applies.
(2) If, after providing for statutory entitlements and all devises other than residuary devises, the assets of the decedent’s estate are insufficient to pay the expenses of the administration and obligations of the decedent’s estate, the personal representative is entitled to payment from the trustee of a trust described in s. 733.707(3), in the amount the personal representative certifies in writing to be required to satisfy the insufficiency, subject to the exclusions and preferences under s. 736.05053. The provisions of s. 733.805 shall apply in determining the amount of any payment required by this section.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.607.
History. s. 1, ch. 74-106; s. 28, ch. 77-87; s. 9, ch. 93-257; s. 9, ch. 95-401; s. 1005, ch. 97-102; s. 130, ch. 2001-226; s. 1, ch. 2010-122; s. 13, ch. 2024-238.
How it applies
Subsection (1) lets the PR leave real or tangible personal property with the person presumptively entitled to it unless the PR's possession is necessary for administration, and treats a request for delivery of property possessed by a beneficiary as conclusive evidence of that necessity in an action against the beneficiary. Protected homestead is excepted from the possession right. Section 733.608(2) addresses unoccupied property that reasonably appears to be protected homestead.
Where this shows up
Pages on this site where § 733.607 does real work:
- What to do in the first 72 hours after a death in Florida
- Do I need probate in Florida? Which assets and estates skip it
- Florida probate timeline 2026: deadlines and steps from death to discharge
- What Florida homestead protects: tax exemption, creditor protection and inheritance rules
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- Selling an inherited Florida home: who can sign, probate steps, mortgage and taxes
- What happens to a bank account when someone dies in Florida
- Probate vs trust administration in Florida: differences, steps and deadlines
- Out-of-state heirs and Florida property: who can serve, what happens to title, taxes and selling
- Trust administration after death in Florida: successor trustee duties, notices and deadlines
Questions people ask
Sources
- Fla. Stat. § 733.607 (2026) (Subsections (1)-(2): possession and control of estate property; homestead and community-property exclusions; shortfall payment from a revocable trust.)
- Fla. Stat. § 733.707 (2026) (Subsection (3): a trust portion the decedent-grantor could revoke at death is liable for administration expenses and obligations to the extent the estate is insufficient, as provided in ss. 733.607(2) and 736.05053.)
- Fla. Stat. § 733.608 (2026) (Subsection (2): limited possession of unoccupied apparent homestead.)
Last checked: October 17, 2026
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