Florida § 733.620 - Exculpation of personal representative.
Full text of Florida Florida Statutes § 733.620 — Exculpation of personal representative., with citation guidance and answers to common questions.
§ 733.620. Exculpation of personal representative.
(1) A term of a will relieving a personal representative of liability to a beneficiary for breach of fiduciary duty is unenforceable to the extent that the term: (a) Relieves the personal representative of liability for breach of fiduciary duty committed in bad faith or with reckless indifference to the purposes of the will or the interests of interested persons; or (b) Was inserted into the will as the result of an abuse by the personal representative of a fiduciary or confidential relationship with the testator. (2) An exculpatory term drafted or caused to be drafted by the personal representative is invalid as an abuse of a fiduciary or confidential relationship unless: (a) The personal representative proves that the exculpatory term is fair under the circumstances. (b) The term’s existence and contents were adequately communicated directly to the testator or to the independent attorney of the testator. This paragraph applies only to wills created on or after July 1, 2007.
Frequently Asked Questions About Florida § 733.620
What does Florida Statutes § 733.620 cover?
Section 733.620 ("Exculpation of personal representative.") is part of the Florida Statutes, the codified statutory law of Florida. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Florida § 733.620?
A common citation format is "Florida Statutes § 733.620" (Florida). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Florida law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Florida official source linked on this page or consult a licensed Florida attorney.
How does Florida § 733.620 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Florida can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Florida.