The Florida Senate

733.608  General power of the personal representative.--

(1)  All real and personal property of the decedent, except the protected homestead, within this state and the rents, income, issues, and profits from it shall be assets in the hands of the personal representative:

(a)  For the payment of devises, family allowance, elective share, estate and inheritance taxes, claims, charges, and expenses of the administration and obligations of the decedent's estate.

(b)  To enforce contribution and equalize advancement.

(c)  For distribution.

(2)  If property that reasonably appears to the personal representative to be protected homestead is not in the possession of a person who appears to have an interest in the property, the personal representative is authorized, but not required, to take possession of that property for the limited purpose of preserving, insuring, and protecting it for the heir or devisee, pending a determination of its homestead status. If the personal representative takes possession of that property, any rents and revenues may be collected by the personal representative for the account of the heir or devisee, but the personal representative shall have no duty to rent or otherwise make the property productive.

History.--s. 1, ch. 74-106; s. 29, ch. 77-87; s. 131, ch. 2001-226.

Note.--Created from former s. 733.01(1).