Florida Statutes 198.23 – Personal liability of personal representative
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 198.23
- Department: means the Department of Revenue. See Florida Statutes 198.01
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means persons, corporations, associations, joint stock companies, and business trusts. See Florida Statutes 198.01
- Personal representative: means the executor, administrator, or curator of the decedent, or, if there is no executor, administrator, or curator appointed, qualified, and acting, then any person who is in the actual or constructive possession of any property included in the gross estate of the decedent or any other person who is required to file a return or pay the taxes due under any provision of this chapter. See Florida Statutes 198.01
If any personal representative shall make distribution either in whole or in part of any of the property of an estate to the heirs, next of kin, distributees, legatees, or devisees without having paid or secured the tax due the state under this chapter, or having obtained the release of such property from the lien of such tax either by the department or pursuant to s. 198.32(2), he or she shall become personally liable for the tax so due the state, or so much thereof as may remain due and unpaid, to the full extent of the full value of any property belonging to such person or estate which may come into the personal representative’s hands, custody, or control.