Florida Statute 731.110 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 731
PROBATE CODE: GENERAL PROVISIONS

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F.S. 731.110

731.110 Caveat; proceedings.—

(1) Any interested person who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without that person’s knowledge may file a caveat with the court. The caveat of the interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered. The caveat of a creditor may be filed only after the person’s death.

(2) If the caveator is a nonresident and is not represented by an attorney admitted to practice in this state who has signed the caveat, the caveator must designate some person residing in the county in which the caveat is filed as the agent of the caveator, upon whom service may be made; however, if the caveator is represented by an attorney admitted to practice in this state who has signed the caveat, it is not necessary to designate a resident agent.

(3) If a caveat has been filed by an interested person other than a creditor, the court may not admit a will of the decedent to probate or appoint a personal representative until formal notice of the petition for administration has been served on the caveator or the caveator’s designated agent and the caveator has had the opportunity to participate in proceedings on the petition, as provided by the Florida Probate Rules. This subsection does not require a caveator to be served with formal notice of its own petition for administration.

(4) A caveat filed before the death of the person for whom the estate will be administered expires 2 years after filing.

History.—s. 3, ch. 75-220; s. 2, ch. 77-87; s. 1, ch. 85-79; s. 2, ch. 92-200; s. 948, ch. 97-102; s. 9, ch. 2001-226; s. 2, ch. 2007-74; s. 3, ch. 2010-132; s. 5, ch. 2013-172.

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Amendments to 731.110

Annotations, Discussions, Cases:

Cases Citing Statute 731.110

Total Results: 19

Baptist Hosp. of Miami, Inc. v. Carter

658 So. 2d 560, 1995 WL 366678

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 602638

Cited 15 times | Published

division of the circuit court in accord with section 731.110, Florida Statutes (1989) and Florida Probate

In Re Estate of Hatcher

439 So. 2d 977

District Court of Appeal of Florida | Filed: Oct 25, 1983 | Docket: 141868

Cited 9 times | Published

with the trial court in Miami pursuant to section 731.110, Florida Statutes (1981), and a petition for

In Re Estate of Hartman

836 So. 2d 1038, 2002 WL 31875009

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1745769

Cited 6 times | Published

be read in conjunction with rule 5.260 and section 731.110, Florida Statutes (2000). These provisions

In Re Estate of Clibbon

735 So. 2d 487, 1998 WL 329492

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1728430

Cited 6 times | Published

caveat which will entitle them to receive notice. § 731.110, Fla. Stat. (1995). If appellants had availed

Rocca v. BOYANSKY

80 So. 3d 377, 2012 WL 280752, 2012 Fla. App. LEXIS 1339

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2415747

Cited 5 times | Published

This section must be read in conjunction with section 731.110(3) of the Florida Probate Code and Florida

In re Amendments to the Florida Probate Rules

51 So. 3d 1146, 35 Fla. L. Weekly Supp. 719, 2010 Fla. LEXIS 2082, 2010 WL 4977543

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 60297504

Cited 1 times | Published

See ch. 2010-132, § 3, Laws of Fla. (amending § 731.110, Fla. Stat., to delete requirement that caveat

Recovery Agents, LLC v. Estate of Peter Tutko, Tutko

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69565186

Published

identifying herself only as an interested person. See § 731.110(1), (3), Fla. Stat. (2024). Vivian asserted that

HENRY TIEN v. IN RE: ESTATE OF PAUL SHU TIEN

District Court of Appeal of Florida | Filed: Nov 17, 2021 | Docket: 61493048

Published

So. 3d 377, 381 (Fla. 3d DCA 2012); see also § 731.110, Fla. Stat. (2021); Fla. Prob. R. 5.260(f). Hence

Crescenzo v. Simpson

239 So. 3d 213

District Court of Appeal of Florida | Filed: Mar 9, 2018 | Docket: 64674622

Published

Fla. Stat. (2016) ; Fla. Prob. R. 5.270. Section 731.110, Florida Statutes (2016), governs the filing

WILLIAM CRESCENZO v. IRENE SIMPSON, AS PERSONAL REPRESENTATIVE OF THE HERMINIA M. QUINONES ESTATE

District Court of Appeal of Florida | Filed: Mar 9, 2018 | Docket: 6329246

Published

(2016); Fla. Prob. R. 5.270. Section 731.110, Florida Statutes (2016), governs the filing

In re Amendments to the Florida Probate Rules

131 So. 3d 717, 38 Fla. L. Weekly Supp. 868, 2013 WL 6223207, 2013 Fla. LEXIS 2608

Supreme Court of Florida | Filed: Nov 27, 2013 | Docket: 60238158

Published

260(f) conforms the rule to the change to section 731.110(3), Florida Statutes (2012) made by chapter

In Re Amendments to the Florida Probate Rules

67 So. 3d 1035, 36 Fla. L. Weekly Supp. 413, 2011 Fla. LEXIS 1575, 2011 WL 2637455

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2363155

Published

because the requirement had been deleted from section 731.110, Florida Statutes by chapter 2010-132, section

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

subdivision (b) to implement 1992 amendment to section 731.110(2), Florida Statutes. Editorial changes. Citation

Tillman v. Clibbon

735 So. 2d 487, 1998 Fla. App. LEXIS 7501

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 64788842

Published

caveat which will entitle them to receive notice. § 731.110, Fla. Stat. (1995). If appellants had availed

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

subdivision (b) to implement 1992 amendment to section 731.110(2), Florida Statutes. Editorial changes. Citation

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

changes in committee notes. Statutory References F.S. 731.110 Caveat; proceedings. F.S. 733.203(1) Notice;

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

changes in committee notes. Statutory References F.S. 731.110 Caveat; proceedings. F.S. 733.203(1) Notice;

Posner de Mildenberg v. Grancolombiana Corporacion Financiera, S.A.

492 So. 2d 1093, 11 Fla. L. Weekly 1496, 1986 Fla. App. LEXIS 8732

District Court of Appeal of Florida | Filed: Jul 8, 1986 | Docket: 64621085

Published

caveats filed by the respondents pursuant to section 731.110, Florida Statutes (1983), are ample protection

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

Committee notes revised. Statutory References F.S. 731.110 Caveat; proceedings. F.S. 733.203(1) Notice;