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The Florida Senate

1997 Florida Statutes

SECTION 815
Private agreements among distributees.

733.815  Private agreements among distributees.--Subject to the rights of creditors and taxing authorities, competent interested persons may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will or under the laws of intestacy in a written contract executed by all who are affected. The personal representative shall abide by the terms of the agreement, subject to his or her obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his or her office for the benefit of any beneficiaries of the decedent who are not parties to the agreement. Personal representatives are not required to see to the performance of trusts if the trustee is another person who is willing to accept the trust. Trustees of a testamentary trust are beneficiaries for the purposes of this section. Nothing herein relieves trustees of any duties owed to beneficiaries of trusts.

History.--s. 1, ch. 74-106; s. 94, ch. 75-220; s. 1024, ch. 97-102.