Florida Statute 733.609
“Improper exercise of power; breach of fiduciary duty”
What it means
A personal representative's fiduciary duty is the same as the fiduciary duty of a trustee of an express trust. A PR is liable to interested persons for damage or loss resulting from a breach of that duty.
In all actions for breach of fiduciary duty, or challenging the exercise of, or failure to exercise, a PR's powers, the court shall award taxable costs as in chancery actions, including attorney's fees. The section does not itself say which party pays. Under subsection (2), the court may direct payment from a party's interest in the estate, may enter a judgment that can be satisfied from other property, or both.
Subsection (3) applies the section to all proceedings commenced under it after the effective date, without regard to the date of the decedent's death. A separate section, s. 733.6125 (effective July 1, 2026), requires an award of costs and fees to a prevailing PR in a proceeding to enforce the PR's authority.
- A PR's fiduciary duty is the same as a trustee's of an express trust (§ 733.609(1)).
- A PR is liable to interested persons for damage or loss resulting from breach of the duty (§ 733.609(1)).
- In breach and power-challenge actions, the court shall award taxable costs as in chancery actions, including attorney's fees (§ 733.609(1)).
- Payment may be directed from a party's interest in the estate, by a judgment satisfied from other property, or both (§ 733.609(2)).
- The section applies to proceedings commenced under it without regard to the date of the decedent's death (§ 733.609(3)).
- A separate section awards costs and fees to a prevailing PR in proceedings to enforce the PR's authority (§ 733.6125).
Text of the statute (2026)
(1) A personal representative’s fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from the breach of this duty. In all actions for breach of fiduciary duty or challenging the exercise of or failure to exercise a personal representative’s powers, the court shall award taxable costs as in chancery actions, including attorney’s fees.
(2) When awarding taxable costs, including attorney’s fees, under this section, the court in its discretion may direct payment from a party’s interest, if any, in the estate or enter a judgment which may be satisfied from other property of the party, or both.
(3) This section shall apply to all proceedings commenced hereunder after the effective date, without regard to the date of the decedent’s death.
In any proceeding to enforce the authority of a personal representative as conferred by this code, the court shall award to a prevailing personal representative taxable costs as in chancery actions, including attorney fees. When awarding taxable costs and attorney fees under this section, the court may direct payment from any person whose action or inaction necessitated the enforcement proceeding or from any person having an interest in the estate and may enter a judgment that may be satisfied from other property.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.609.
History. s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1006, ch. 97-102; s. 132, ch. 2001-226; s. 11, ch. 2003-154.
How it applies
Subsection (1) makes a PR liable to interested persons for damage or loss resulting from breach of a fiduciary duty equal to a trustee's duty, and § 733.602(1) separately states that a PR observes the standards of care applicable to trustees. Subsection (1) also provides that, in actions for breach or challenging the exercise of or failure to exercise a PR's powers, the court shall award taxable costs, including attorney's fees. Subsection (2) allows payment to be directed from a party's interest in the estate. Section 733.6125 separately governs costs and fees for a prevailing PR in a proceeding to enforce the PR's authority.
Where this shows up
Pages on this site where § 733.609 does real work:
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- What happens to a bank account when someone dies in Florida
- Probate vs trust administration in Florida: differences, steps and deadlines
- Executor and personal representative fees in Florida: the § 733.617 commission
- Chadwick Boseman
Questions people ask
Sources
- Fla. Stat. § 733.609 (2026) (Subsections (1)-(3): trustee-level fiduciary duty, liability, taxable costs and fees, payment mechanics.)
- Fla. Stat. § 733.6125 (2026) (Entire section: costs and fees for a prevailing PR in a proceeding to enforce the PR's authority; created by s. 5, ch. 2026-57.)
- Ch. 2026-57, Laws of Florida (CS/HB 1337) (Section 5 creates s. 733.6125; section 14 provides that the act takes effect July 1, 2026.)
- Fla. Stat. § 733.602 (2026) (Subsection (1): PR observes the standards of care applicable to trustees.)
Last checked: October 17, 2026
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