Florida Statute 733.610
“Sale, encumbrance, or transaction involving conflict of interest”
What it means
A sale or encumbrance to the personal representative, or to the PR's spouse, agent, or attorney, or to a corporation, other entity, or trust in which any of them has a substantial beneficial or ownership interest, is voidable by any interested person. So is any transaction affected by a conflict of interest on the PR's part. The text does not condition voidability on an unfair price.
A person who consented after fair disclosure cannot void the transaction. The transaction also stands if (1) the will or a contract entered into by the decedent expressly authorized it, or (2) the court approved it after notice to interested persons.
- A sale or encumbrance to the PR, or to the PR's spouse, agent, or attorney, or to entities in which they hold a substantial interest, is voidable (§ 733.610).
- Any transaction affected by a conflict of interest on the PR's part is voidable (§ 733.610).
- Any interested person may void it, except one who has consented after fair disclosure (§ 733.610).
- Exception: the will or a contract of the decedent expressly authorized the transaction (§ 733.610(1)).
- Exception: the transaction was approved by the court after notice to interested persons (§ 733.610(2)).
Text of the statute (2026)
Any sale or encumbrance to the personal representative or the personal representative’s spouse, agent, or attorney, or any corporation, other entity, or trust in which the personal representative, or the personal representative’s spouse, agent, or attorney, has a substantial beneficial or ownership interest, or any transaction that is affected by a conflict of interest on the part of the personal representative, is voidable by any interested person except one who has consented after fair disclosure, unless:
(1) The will or a contract entered into by the decedent expressly authorized the transaction; or
(2) The transaction is approved by the court after notice to interested persons.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.610.
History. s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1007, ch. 97-102; s. 133, ch. 2001-226; s. 6, ch. 2020-67.
How it applies
The section covers a sale or encumbrance to the PR, or to the PR's spouse, agent, or attorney or an entity in which they hold a substantial interest, and any transaction affected by the PR's conflict of interest. Each is voidable by any interested person except one who has consented after fair disclosure. The exceptions are an express authorization in the will or in a contract entered into by the decedent, and court approval after notice to interested persons. The consent exception is stated for the person who consented.
Where this shows up
Pages on this site where § 733.610 does real work:
Questions people ask
Sources
- Fla. Stat. § 733.610 (2026) (Entire section: voidable transactions and the two exceptions.)
Last checked: October 17, 2026
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