Florida Probate Litigation Lawyer Blog
Are Actions Taken Before Appointment as Personal Representative Valid? Yes, if the Actions Were Beneficial to the Estate
Florida law states that the duties and powers of a personal representative commence upon appointment. You may be named as personal representative in a decedent’s will, you are not legally considered a personal representative until the court appoints you. But what happens if you need to take action regarding an estate before a court officially appoints you as the personal representative of the estate, such as paying bills or filing a lawsuit? As it turns out, under the relation back doctrine, any act that you do on behalf of the estate becomes valid after you are appointed the personal representative, if such actions are beneficial to the estate. Florida courts have also clarified that performing the duties of a personal representative is considered beneficial to the estate.
Florida’s Relation Back Doctrine is found in Fla. Stat. § 733.601, which states, “The powers of a personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment. A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative.”
