Chapter 733 — Administration of Estates

Florida Statute 733.708

“Compromise”

What it means

Estates settle disputes like everyone else, and §733.708 is the mechanism. When a proposal is made to compromise a claim — in suit or not, by or against the estate — or to compromise a question about how the estate is distributed, the court may authorize it if satisfied the compromise is in the best interest of the interested persons.

The order does two things: it makes the settlement stick, and it relieves the personal representative of liability for the deal. One timing rule: claims against the estate cannot be compromised until the period for filing objections to claims has expired.

— What it says

Covers claims by or against the estate, whether or not a lawsuit is pending, and disputes over distribution.
The standard: the compromise must be in the best interest of the interested persons.
The court's order relieves the personal representative of liability for the compromise.
No compromise of claims against the estate until the objection period has expired.

— In a real probate

How it plays out

We seek §733.708 orders for two reasons: genuine doubt about a claim, and insurance. Even when every beneficiary supports a settlement, a court order converts “the family agreed” into a judgment nobody can reopen after remorse sets in. On contested claims we typically negotiate after the objection window closes — the statute requires the wait anyway, and the leverage is clearer once we know who filed on time and who missed the deadline.

Where this shows up

Pages on this site where § 733.708 does real work:

Related sections

§ 733.705Payment of and objection to claims § 733.702Limitations on presentation of claims § 733.710Limitations on claims against estates § 733.602General duties

Questions people ask

Can a personal representative settle a claim without court approval?

Often yes — but without an order the personal representative carries the risk that a beneficiary later challenges the deal. Florida Statute 733.708 lets the court authorize the compromise and relieve the personal representative of liability, which is why estates routinely seek it for significant settlements.

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 § 733.708