CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1995 WL 366678
...y my husband passed away on April 9, 1992, leaving no estate subject to probate." [e.s.] Two days later, on June 17, 1992, and later, on March 29, 1993, Baptist filed caveats with the clerk of the probate division of the circuit court in accord with section 731.110, Florida Statutes (1989) and Florida Probate Rule 5.260....
...rs; (b) specifically providing that it applied both to administered and unadministered estates; and (c) most significantly, provided for its applicability "notwithstanding any other provision of the code" obviously including the caveat provision, section 731.110....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...On July 19, the decedent was admitted to Charleston Medical Center in a coma. She died early the next morning. Both wills were immediately filed for probate in their respective locales. Appellees filed a caveat with the trial court in Miami pursuant to section 731.110, Florida Statutes (1981), and a petition for revocation of probate on the basis that a valid subsequent will had been executed by the decedent....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1998 WL 329492
...ld be grounds for reopening an estate. Florida does have a statute to protect people who are "apprehensive that an estate may be administered" without their knowledge, which authorizes them to file a caveat which will entitle them to receive notice. § 731.110, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31875009
..., testacy of the decedent, [or] qualifications of the personal representative ... except in connection with the proceedings before issuance of the letters. §
733.2123 (emphasis supplied). This section must be read in conjunction with rule 5.260 and section
731.110, Florida Statutes (2000). These provisions govern caveat proceedings in which interested persons may contest a will prior to its admission to probate. If a caveat pursuant to rule 5.260 and section
731.110 has been filed, section 733.203, Florida Statutes (2000) (Notice; when required), provides that the petitioner shall follow the procedure set forth in section
733.2123....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2012 WL 280752, 2012 Fla. App. LEXIS 1339
...validity of the will, testacy of the decedent, qualifications of the personal representative, venue, or jurisdiction of the court, except in the proceedings before issuance of letters. (emphasis added). This section must be read in conjunction with section 731.110(3) of the Florida Probate Code and Florida Probate Rule 5.260(f). Section 731.110(3), Florida Statutes (2009), provides: When a caveat has been filed by an interested person other than a creditor, the court shall not admit a will of the decedent to probate or appoint a personal representative until the petition for...
...r the caveator's designated agent." Thus, it appears that if a caveat is filed, the permissive language of section
733.2123 becomes mandatory and requires the petitioner to serve formal notice of his or her petition upon caveators, as provided under section
731.110(3)....
...ator has been given notice, thereby affording opportunity to have will contest tried before probate). In this case, the trial court failed to adjudicate the validity of the November 16, 2007, will before admitting it to probate, contrary to sections
731.110(3) and
733.2123 of the Florida Statutes....
...ourt did not consider or rule on Rocca's will contest and, in all likelihood, concluded that Rocca's untimely filing of his Answer, Affirmative Defenses, and Counter Petition was fatal to his challenge to the validity of the November 16, 2007, will. Section 731.110(3) of the Florida Statutes (2009), commands that a caveator "ha[ve] had the opportunity to participate *382 in proceedings on the petition" before a will is admitted to probate....
...In our case, Rocca made clear to the trial court he desired an evidentiary hearing on the validity of the November 16, 2007, will before the court allowed it to be probated. The trial court did not accede to his request. In so doing, the trial court acted contrary to its obligation under section 731.110(3) of the Florida Probate Code....
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 719, 2010 Fla. LEXIS 2082, 2010 WL 4977543
...e 5.3425 (Search of Safe Deposit Box). The proposals are in response to statutory changes made by chapter 2010-132, Laws of Florida, which went into effect October 1, 2010. See ch. 2010-132, §§ 2, 3, 6, 14, 19, Laws of Fla. (amending §§
655.935,
731.110,
732.2125,
733.2123 Fla....
...Consistent with statutory changes made by chapter 2010-132, section 3, Laws of Florida, we amend subdivision (b) to delete the requirement that a caveat contain certain personal information about the decedent and caveator. See ch. 2010-132, § 3, Laws of Fla. (amending § 731.110, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Former (e) is now paragraphs (e) and (f) and treats creditor cave-ator differently from other interested persons. Change in (*) requires formal notice. Committee notes revised. 1988 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.110 Caveat; proceedings....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Former (e) is now paragraphs (e) and (f) and treats creditor cave-ator differently from other interested persons. Change in (f) requires formal notice. Committee notes revised. 1988 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.110 Caveat; proceedings....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...The only comment filed in this case suggests that the requirement that the decedent’s social security number be placed on petitions for administration and on caveats violates the Federal Privacy Act. This requirement was added to rules 5.200 and 5.260 to conform to sections
733.202(2)(b) and
731.110(2) of the Florida Statutes (1991), as amended by chapter 92-200, Laws of Florida....
...nterested persons. Change in (f) requires formal notice. Committee notes revised. 1988 Revision: Committee notes revised. Citation form changes in committee notes. 1992 Revision: Addition of language in subdivision (b) to implement 1992 amendment to section 731.110(2), Florida Statutes. Editorial changes. Citation form changes in committee notes. Statutory References 1¾&⅞ 731.110, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...attorney. Service on the attorney binds caveator. Former (e) is now paragraphs (e) and (f) and treats creditor cave-ator differently from other interested persons. Change in (f) requires formal notice. Committee notes revised. Statutory References F.S. 731.110 Caveat; proceedings....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 868, 2013 WL 6223207, 2013 Fla. LEXIS 2608
...(redesignating subsection (14) of section
736.0103, Fla. Stat. (2012), defining “qualified beneficiary,” subsection (16); amending §
733.212(l)(c), Fla. Stat. (2012), to delete reference to subsection (14) of section
736.0103). The amendment to rule 5.260(f) conforms the rule to the change to section
731.110(3), Florida Statutes (2012) made by chapter 2013-172, section 5, Laws of Florida....
CopyPublished | Florida 3rd District Court of Appeal
...[the] challenge to the will prior to appointing a personal representative and
admitting the will to probate.” In re Est. of Hartman,
836 So. 2d 1038, 1039
(Fla. 2d DCA 2002); see Rocca v. Boyansky,
80 So. 3d 377, 381 (Fla. 3d
DCA 2012); see also §
731.110, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...hem before entering its order. Ms. Quinones' estate says that the answer is no because Mr. Crescenzo did not file a caveat and that his only remedy now is to file a petition to revoke probate. See §
733.109, Fla. Stat. (2016) ; Fla. Prob. R. 5.270. Section
731.110, Florida Statutes (2016), governs the filing of caveats in probate proceedings. The statute provides that an interested person concerned that an estate may be administered or a will probated without his or her knowledge may file a caveat with the court. 1 §
731.110(1)....
...il 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. § 731.110(3) (emphasis added)....
CopyPublished | Florida 2nd District Court of Appeal
...before entering its order. Ms. Quinones' estate says that the answer is no because Mr.
Crescenzo did not file a caveat and that his only remedy now is to file a petition to
revoke probate. See §
733.109, Fla. Stat. (2016); Fla. Prob. R. 5.270.
Section
731.110, Florida Statutes (2016), governs the filing of caveats in
probate proceedings. The statute provides that an interested person concerned that an
estate may be administered or a will probated without his or her knowledge may file a
caveat with the court.1 §
731.110(1)....
...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.
§ 731.110(3) (emphasis added).
1There appears to be no dispute, at least insofar as this appeal is
concerned, that Mr....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 7501
caveat which will entitle them to receive notice. §
731.110, Fla. Stat. (1995). If appellants had availed
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...nterested persons. Change in (f) requires formal notice. Committee notes revised. 1988 Revision: Committee notes revised. Citation form changes in committee notes. 1992 Revision: Addition of language in subdivision (b) to implement 1992 amendment to section 731.110(2), Florida Statutes. Editorial changes. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.110, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1496, 1986 Fla. App. LEXIS 8732
...We agree with the petitioner that the probate court departed from the essential requirements of law when it permitted contingent creditors to take pre-judgment discovery in aid of execution. See In re Estate of Shaw,
340 So.2d 491 (Fla. 3d DCA 1976). The caveats filed by the respondents pursuant to section
731.110, Florida Statutes (1983), are ample protection of their interests....
CopyPublished | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 413, 2011 Fla. LEXIS 1575, 2011 WL 2637455
...the deleted requirement that a caveat contain certain personal information about the decedent and the caveator. We deleted from the rule the requirement that a caveat contain certain personal information because the requirement had been deleted from section 731.110, Florida Statutes by chapter 2010-132, section 3, Laws of Florida....
CopyPublished | Florida 2nd District Court of Appeal
...3 As explained later, TRA suggests that its compensation
arrangement with Mark changed to a cash buyout.
4 Vivian is not a creditor of the estate. She filed a caveat in the
probate case identifying herself only as an interested person. See §
731.110(1), (3), Fla....
