The Florida Senate

733.619  Individual liability of personal representative.--

(1)  Unless otherwise provided in the contract, a personal representative is not individually liable on a contract, except a contract for attorney's fee, properly entered into in his or her fiduciary capacity in the administration of the estate unless the personal representative fails to reveal his or her representative capacity and identify the estate in the contract.

(2)  A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he or she is personally at fault.

(3)  Claims based on contracts, except a contract for attorney's fee, entered into by a personal representative in his or her fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration, may be asserted against the estate by proceeding against the personal representative in his or her fiduciary capacity, whether or not the personal representative is individually liable therefor.

(4)  Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding.

History.--s. 82, ch. 75-220; s. 32, ch. 77-87; s. 228, ch. 77-104; s. 1015, ch. 97-102.