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Chapter 733 — Administration of Estates

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.

— What it says
  • 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)

§ 733.609(1)
(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.
§ 733.609(2)
(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.
§ 733.609(3)
(3) This section shall apply to all proceedings commenced hereunder after the effective date, without regard to the date of the decedent’s death.
§ 733.6125 (created by s. 5, ch. 2026-57)
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.

— In a Florida probate

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.

Questions people ask

Can you sue a personal representative in Florida for mismanaging an estate?
Yes. Under § 733.609(1) a PR is liable to interested persons for damage or loss resulting from breach of fiduciary duty, and the court shall award taxable costs, including attorney's fees, in actions for breach or challenging the PR's exercise of powers.

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 § 733.609

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

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