Florida Statute 733.612
“Transactions authorized for the personal representative; exceptions”
ch. 2026-57 (effective July 1, 2026). Added subsection (28), which authorizes a personal representative to institute a proceeding to enforce his or her authority as conferred by the Probate Code. The list now has 28 transactions.
What it means
Except as the will or a court order provides, and subject to the abatement priorities in s. 733.805, a personal representative, acting reasonably for the benefit of the interested persons, may properly carry out the 28 listed transactions without court order. They include retaining assets, performing or compromising the decedent's contracts, investing under ss. 518.10-518.14, leasing, insuring assets, paying taxes and expenses, abandoning valueless property, and making partial distributions.
Selected powers: (19) employ attorneys, accountants, auditors, appraisers, investment advisers, and others, and act on their recommendations without independent investigation; (20) prosecute or defend claims in any jurisdiction to protect the estate, the decedent's property, and the PR; (22) continue an unincorporated business in the same form for not more than 4 months from appointment, and for longer only by court order; (28) institute a proceeding to enforce the PR's authority, added effective July 1, 2026.
Real property is handled separately. Power (5), acquiring or disposing of an asset, excludes real property, and power (21) covers personal property only. Sale of real property is addressed in s. 733.613.
- 28 transactions are authorized without court order, subject to the will, court orders, and the s. 733.805 priorities (§ 733.612, introductory text).
- Power (19): employ attorneys, accountants, appraisers, investment advisers and others, and act on their recommendations without independent investigation (§ 733.612(19)).
- Power (20): prosecute or defend claims in any jurisdiction for the protection of the estate, the decedent's property, and the PR (§ 733.612(20)).
- Power (22): continue an unincorporated business in the same form for not more than 4 months from appointment; longer requires court order (§ 733.612(22)).
- Power (28), added July 1, 2026: institute a proceeding to enforce the PR's authority as conferred by the code (§ 733.612(28)).
- Power (5) excludes real property and power (21) covers personal property only (§ 733.612(5), (21)).
Text of the statute (2026)
Except as otherwise provided by the will or court order, and subject to the priorities stated in s. 733.805, without court order, a personal representative, acting reasonably for the benefit of the interested persons, may properly:
(5) Acquire or dispose of an asset, excluding real property in this or another state, for cash or on credit and at public or private sale, and manage, develop, improve, exchange, partition, or change the character of an estate asset.
(19) Employ persons, including, but not limited to, attorneys, accountants, auditors, appraisers, investment advisers, and others, even if they are one and the same as the personal representative or are associated with the personal representative, to advise or assist the personal representative in the performance of administrative duties; act upon the recommendations of those employed persons without independent investigation; and, instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary. Any fees and compensation paid to a person who is the same as, associated with, or employed by, the personal representative shall be taken into consideration in determining the personal representative’s compensation.
(20) Prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate, of the decedent’s property, and of the personal representative.
(22) Continue any unincorporated business or venture in which the decedent was engaged at the time of death: (a) In the same business form for a period of not more than 4 months from the date of appointment, if continuation is a reasonable means of preserving the value of the business, including good will. (b) In the same business form for any additional period of time that may be approved by court order.
(28) Institute a proceeding to enforce his or her authority as personal representative as conferred by this code.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.612.
History. s. 1, ch. 74-106; s. 78, ch. 75-220; s. 3, ch. 76-172; s. 31, ch. 77-87; s. 1, ch. 77-174; s. 271, ch. 79-400; s. 1009, ch. 97-102; s. 135, ch. 2001-226; s. 7, ch. 2020-67; s. 4, ch. 2026-57.
How it applies
The introductory text makes the listed powers available without court order, except as the will or a court order provides and subject to the priorities in s. 733.805. Two limits appear in the list. Power (5) excludes real property and power (21) covers personal property only, and sale of real property is addressed in § 733.613. An unincorporated business may be continued in the same business form for not more than 4 months from appointment, and for additional time by court order. Power (28), effective July 1, 2026, covers a proceeding to enforce the PR's authority.
Where this shows up
Pages on this site where § 733.612 does real work:
- Florida probate timeline 2026
- 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
- Digital assets after a death in Florida: email, cloud accounts and crypto under chapter 740
- Formal Administration
- James “Whitey” Bulger
- The founder with no successor
- Lucille Ball & Desi Arnaz
- The digital assets inventory
- The France family
Questions people ask
Sources
- Fla. Stat. § 733.612 (2026) (Introductory text and subsections (1)-(28): authorized transactions; subsection (28) added by s. 4, ch. 2026-57.)
- Ch. 2026-57, Laws of Florida (CS/HB 1337) (Section 4 adds subsection (28) to s. 733.612; section 14 provides that the act takes effect July 1, 2026; approved by the Governor April 29, 2026.)
- Fla. Stat. § 733.613 (2026) (Subsection (1): where the will confers no usable power of sale, no title passes until the court authorizes or confirms a sale of real property. Subsection (2): a will's specific power to sell real property, or general power to sell any asset, permits sale without court authorization or confirmation.)
Last checked: October 17, 2026
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