The Florida Senate

733.615  Joint personal representatives; when joint action required.--

(1)  If two or more persons are appointed joint personal representatives, and unless the will provides otherwise, the concurrence of all joint personal representatives appointed pursuant to a will or codicil executed prior to October 1, 1987, or appointed to administer an intestate estate of a decedent who died prior to October 1, 1987, or of a majority of joint personal representatives appointed pursuant to a will or codicil executed on or after October 1, 1987, or appointed to administer the intestate estate of a decedent dying on or after October 1, 1987, is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any joint personal representative receives and receipts for property due the estate, when the concurrence required under this subsection cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a joint personal representative has been delegated to act for the others.

(2)  Where action by a majority of the joint personal representatives appointed is authorized, a joint personal representative who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise, and a dissenting joint personal representative is not liable for the consequences of an act in which he or she joins at the direction of the majority of the joint personal representatives, if he or she expressed his or her dissent in writing to any of his or her joint personal representatives at or before the time of the joinder.

(3)  A person dealing with a joint personal representative without actual knowledge that joint personal representatives have been appointed or if advised by the joint personal representative with whom he or she deals that the joint personal representative has authority to act alone for any of the reasons mentioned in subsection (1) is as fully protected in dealing with that joint personal representative as if that joint personal representative possessed and properly exercised the power he or she purports to exercise.

History.--s. 1, ch. 74-106; s. 1, ch. 87-317; s. 4, ch. 88-340; s. 1013, ch. 97-102.

Note.--Created from former s. 732.50.