CopyCited 112 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 679, 2004 Fla. LEXIS 2099, 2004 WL 2609255
...Only the estate's personal representative has the authority to settle its claims. See Pearson v. DeLamerens,
656 So.2d 217, 220 (Fla. 3d DCA 1995) ("The personal representative is the individual having the power to enter into settlements of wrongful death actions"); §
731.201, Fla....
CopyCited 56 times | Published | Supreme Court of Florida
...at 479, "there is a vast distinction between the position of head of a family domiciled in a home on one hand and the boss of what goes on in the way of business for the earning of a livelihood on the other hand." [6] The term "heirs" is defined by section 731.201(18), Florida Statutes (1985), as those persons entitled to the decedent's property under the statutes of intestate succession.
CopyCited 41 times | Published | Supreme Court of Florida | 1997 WL 576037
...The court then certified *1000 the following question to be of great public importance: WHETHER ARTICLE X, SECTION 4, OF THE FLORIDA CONSTITUTION EXEMPTS FROM FORCED SALE A DEVISE OF A HOMESTEAD BY A DECEDENT NOT SURVIVED BY A SPOUSE OR MINOR CHILD TO A LINEAL DESCENDANT WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201(18), FLORIDA STATUTES (1993)....
...The district court reversed, finding that because Milo Snyder would have been the sole heir had there been intestacy, Kelli Snyder is precluded from benefitting from the homestead provision's protections against creditors. In so finding, the district court explained its position as follows: Section 731.201(18) defines "heirs" as "those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent." While Kelli Snyder is a lineal descendant of her grandmother, the deced...
...itution, inures to that son. The test is not how title was devolved, but rather to whom it passed.... The personal representative argues that, although "heirs" may avail themselves of the constitutional protection from creditors, "devisees" may not. Section 731.201(18), Florida Statutes (1989), defines heirs or heirs at law as "those persons... who are entitled under the statutes of intestate succession to the property of a decedent." Devisees are defined in section 731.201(9) as persons "designated in a will to receive a devise." According to the personal representative, a devisee cannot be an heir because a devisee takes by will and an heir takes only where there is no will. We disagree. Heirs, as defined in section 731.201(18), are simply those persons entitled to receive property under the laws of intestacy; the decedent's son, as his lineal descendant, is a member of that class....
...the testator. Williams v. Williams,
149 Fla. 454,
6 So.2d 275 (1942); Pitts v. Pitts,
120 Fla. 363,
162 So. 708 (1935); Stone v. Citizens' State Bank,
64 Fla. 456,
59 So. 945 (1912). The majority has now defined heirs to mean a class of heirs. Yet, section
731.201(18), Florida Statutes (1993), states that the word "heirs" means "those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent....
...ee. Bartelt v. Bartelt,
579 So.2d 282 (Fla. 3d DCA 1991). The question therefore is simply whether Kelli Snyder, the devisee of the homestead, is an heir as contemplated by article X, section 4, of the Florida Constitution and as defined in sections
731.201(18) and
732.103. If she is, she is thereby entitled to the protection of article X, section 4(b) of the Florida Constitution. Section
731.201(18) defines "heirs" as "those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent." While Kelli Snyder is a lineal descendant of her grandmother, the deced...
...HARDING, J., concurs. HARDING, Justice, dissenting. I dissent. The majority opinion does violence to the rules of constitutional and statutory construction, the principles of stare decisis, and the doctrine of separation of powers. The majority ignores section 731.201(18), Florida Statutes (1995), which clearly defines heirs: "`Heirs' or `heirs at law' means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent." The...
...Bank v. Title Insurance & Trust Company, 22 Cal.App.3d 295, 99 Cal.Rptr. 464, 466 (1972)). Although neither Black's nor the California appellate courts are binding authority in this state, this second definition reflects Florida's law as defined by section 731.201(18) and numerous opinions of this Court....
...y construction cases. As Justice Grimes points out in his dissent, this Court has generally approved the definition of "heirs" as those defined who take under the statute of descents or the laws of the state and specially the definition contained in section
731.201(18). Grimes, J., dissenting op. at 1006; See also, e.g., Public Health Trust of Dade County v. Lopez,
531 So.2d 946, n. 2 (Fla.1988) ("The term `heirs' is defined by section
731.201(18), Florida Statutes (1985), as those persons entitled to the decedent's property under the statues of intestate succession.")....
...The language quoted by the majority opinion does not support the proposition that a grandchild can become an "heir" to extend the homestead status of property when there is a surviving child as well. In fact, Bartelt reaffirms that heirs as defined in section
731.201(18) are "simply those persons entitled to receive property under the laws of intestacy." Bartelt,
579 So.2d at 284....
...
579 So.2d at 283. In Bartelt, the property passed to one who would have received it under the laws of intestate succession. In the instant case, it did not. The district court in the instant case correctly interpreted the statute. After setting out section
731.201(18), the court held: If Betty Snyder had died intestate, Milo Snyder would have inherited everything as her "heir," i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section
732.103, would have inherited nothing.......
...al person and that heirs did not have to be dependent on the homestead owner. Public Health Trust,
531 So.2d at 951. As previously noted, the majority opinion included a footnote attached to the word "heirs," stating: "The term `heirs' is defined by section
731.201(18), Florida Statutes (1985), as those persons entitled to the decedent's property under the statutes of intestate succession." Public Health Trust,
531 So.2d at 951, n....
CopyCited 27 times | Published | Supreme Court of Florida | 2006 WL 3228916
...The term does not include a beneficiary who has received complete distribution. The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings. § 731.201(21), Fla....
..."interested person" requires the trial court to evaluate the nature of both the proceeding and the interest asserted. In defining an "interested person" as any person "who may reasonably be expected to be affected by the outcome of the proceeding," section 731.201(21) incorporates *508 the general standing principles referred to above....
...lower courts to follow in deciding whether a party who receives notice of a petition for attorney's fees pursuant to a request made under rule 5.060 is a "person who may reasonably be expected to be affected by the outcome of the . . . proceeding." § 731.201(21), Fla....
CopyCited 23 times | Published | Supreme Court of Florida | 1991 WL 188309
...Claims against an estate are not limited to obligations of the decedent that could have been enforced against him while living. Claims are defined as "liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses." § 731.201(4), Fla....
CopyCited 22 times | Published | Florida 3rd District Court of Appeal
...We find that the complaint states a cause of action for civil conspiracy based upon an independent wrong, specifically: a violation of the fiduciary duty imposed by the Florida Probate Code. It is clear that Horn, Reinhart and the Lustigs were all "interested persons" within the meaning of the code. § 731.201(21), Fla....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 2001 WL 770772
...Although it would not appear that they qualified as "next of kin," see §
744.102(12), Fla. Stat. (1997), they were "interested persons" who were entitled to appear in the adversary proceeding and present their viewpoint. See Fla. Prob. R. 5.025(b); §
731.201(21), Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 1990 WL 12769
...and direct that these counts be reinstated in the probate division of the court. Lastly, we address the authority of the probate division to exercise personal jurisdiction over the appellees. All the appellees are "interested persons" in the estate. § 731.201(21), Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...stribution of this asset shall be made in such a way that it will not destroy the validity of said Marital Trust. While the devise of the bank stock was to specific named trustees as authorized by Section
732.513(1), Florida Statutes (1977) [compare Section
731.201(9), Florida Statutes (1977)], it was the death of the testator which vested the right to the devise under Section
732.514, Florida Statutes (1977)....
CopyCited 12 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 373, 1993 Fla. LEXIS 1133, 1993 WL 241043
...Section
732.506, which describes the manner for revoking a will or codicil by a physical act, uses the pronoun "it" in reference to the terms "will or codicil" contained therein. The terms "will or codicil" are specifically defined as instruments "executed by a person in the manner prescribed by this code." Section
731.201(35), Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1501, 2009 WL 454492
...erty from a trust in which he was not a beneficiary to a trust in which he is sole beneficiary. This transfer to Dana would be a conflict of interest if court approval (pursuant to 737.403(2) Fla. St.) were required. Appellees argue that pursuant to section
731.201(33), land trusts are excluded from the definition of a "trust" under all of chapter 737. We disagree. Chapter 737 has been applied by courts to regulate and to rule on land trusts, and chapter 737 is directly referred to in the Florida Land Trust Act, section
689.071(5). The definition of a "trust" under section
731.201(33), states it does not include a land trust created under section
689.05....
CopyCited 10 times | Published | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 12904, 1989 WL 129189
...eath, liquidate the property and distribute the proceeds among his issue, Conrad Jr., and Christopher Uttal. [1] First National in Palm Beach, as Trustee of the Conrad C. Uttal Trust, is the devisee of defendant property, pursuant to Florida Statute Section 731.201(9) which provides as follows: "Devisee means a person designated in a will to receive a devise....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1991 WL 72015
...rs who have been given credit under such law." Lopez,
531 So.2d at 948. The same result obtains here. The personal representative argues that, although "heirs" may avail themselves of the constitutional protection from creditors, "devisees" may not. Section
731.201(18), Florida Statutes (1989) defines heirs or heirs at law as "those persons ... who are entitled under the statutes of intestate succession to the property of a decedent." Devisees are defined in section
731.201(9) as persons "designated in a will to receive a devise." According to the personal representative, a devisee cannot be an heir because a devisee takes by will and an heir takes only where there is no will. We disagree. Heirs, as defined in section
731.201(18), are simply those persons entitled to receive property under the laws of intestacy; the decedent's son, as his lineal descendant, is a member of that class....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...it. Affirmed as to the finding of decedent's domicile when she executed the West Virginia will. Reversed and remanded for a determination of the substantive validity of the West Virginia will, subject to the limitations as discussed above. NOTES [1] Section 731.201(28), Florida Statutes (1981) defines property as both real and personal property or any interest in it and anything that may be the subject of ownership....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...That issue was not presented to the trial court and, therefore, is not properly preserved for review. Jaruagua Enterprises, Inc. v. Dom,
339 So.2d 702 (Fla. 3d DCA 1976). Even if we were to consider the standing issue, appellee, nevertheless, does have standing pursuant to Section
731.201(21), Florida Statutes (1979)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2008 WL 160881
...733.707(3) is an interested person in the administration of the grantor's estate. . . . The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings. § 731.201(21), Fla....
...*288 Birnbaum,
580 So.2d 828 (Fla. 4th DCA 1991). The statute does not require that the person be an heir or represent an heir but only that the person "may reasonably be expected to be affected by the outcome of the particular proceeding involved." §
731.201(21)....
...Wheeler's complaint as true, he would become the personal representative and trustee of Dorothy's estate under her prior Will. Thus, we find that he fits the definition of an "interested person" as he may reasonably be expected to be affected by the outcome of the instant proceeding and the non-probate of the 2001 Will. See § 731.201(21)....
...He was the alternate personal representative and co-trustee for approximately four years until Dorothy changed her Will under suspicious circumstances. Under these circumstances, we find that Mr. Wheeler is an "interested person" within the meaning of section 731.201(21)....
...711 (1931); Grooms v. Royce,
638 So.2d 1019 (Fla. 5th DCA 1994); In re Estate of Hartman,
836 So.2d 1038 (Fla. 2d DCA 2002); Nardi v. Nardi,
390 So.2d 438 (Fla. 3d DCA 1980). Since we find that Mr. Wheeler was an "interested person" within the meaning of section
731.201(21), we hold that the trial court erred in not revoking the probate of the 2005 Will because timely notice was not provided to a caveator as required by Florida Probate Rule 5.260(f) and Florida case law....
...The failure of the clerk of the court to notify the caveator that the administration had commenced should not inure to the benefit of the will proponent and to the detriment of the heirs or beneficiaries who rely on the caveator to protect their interest. We conclude that Mr. Wheeler is an "interested person" pursuant to section 731.201(21) and the relevant case law because he was the alternate personal representative for approximately four years until Dorothy changed her Will under suspicious circumstances....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1997 WL 614549
...The remaining issue addressed by the trial court's order was Edwards' status vis-a-vis the will. [2] The trial court correctly found that Edwards did not fit within the definition of a beneficiary set forth in the probate code because she was not the devisee of any real or personal property. See § 731.201(2). A devisee is "a person designated in a will to receive ... a testamentary disposition." See § 731.201(8),(9) (emphasis supplied)....
...Putnam,
656 So.2d 460 (Fla.1995), and cases cited therein. Edwards more appropriately fits within the broader designation of an "interested person" defined as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." §
731.201(21)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 10133, 2005 WL 1537448
...Accordingly, we reject the Wehrheims' argument that Golden Pond waived the standing issue because it did not properly plead it as an affirmative defense. The term "interested person" is defined as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." § 731.201(21), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...estate funds. See Grossman v. Selewacz,
417 So.2d 728 (Fla. 4th DCA 1982). Nevertheless, we believe that State Farm's cause of action is not a "claim for personal property in the possession of the personal representative." Under general definitions, section
731.201(4) of the Florida Probate Code states: (4) "Claims" means liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 569
...erwise, every petition or motion for an order determining rights of an interested person shall be served on interested persons. "Interested persons" are those who reasonably may be expected to be affected by the outcome of the particular proceeding. § 731.201(21), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2005 WL 1488650
...onths of the date of service. We will discuss each issue in the order presented. Standing An "interested person" may institute proceedings to remove a personal representative. Fla. Prob. R. 5.440(a). The definition of "interested person" is found in section 731.201(21), Florida Statutes (2003), which provides in pertinent part: "Interested person" means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved....
...Hammock contends, and the trial court agreed, that Cason lacks standing because Sarah is not an interested person for the reason that there are sufficient funds in the estate to pay Sarah's specific devise of five thousand dollars and, therefore, under section 731.201(21), she will receive complete distribution. We disagree. Section 731.201(21) specifically requires that the beneficiary receive complete distribution and "receive" means that the beneficiary has actually taken possession of the devise under the decedent's will....
...The fact that the estate has sufficient funds to pay the devise in full is not the equivalent of receipt of the devise by the beneficiary. Until the beneficiary actually receives the devise, he or she "may reasonably be expected to be affected by the outcome of the particular proceeding involved." § 731.201(21), Fla....
...We note that prior to the changes to rule 5.040 adopted by the Florida Supreme Court in In re Amendments to Florida Probate Rules,
607 So.2d 1306 (Fla.1992), rule 5.040(a)(3)(A)(iv) specified how service was to be made on "incompetent" persons. The term "incompetent" is defined in section
731.201(19), Florida Statutes (2003), as it is today, as "a minor or a person adjudicated incompetent." See §
731.201(19), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1992 WL 379848
...Appellant argues an administrator ad litem may properly maintain a wrongful death action because the term "personal representative" encompasses the term "administrator ad litem". The wrongful death statute, section
768.18, Florida Statutes *45 (1989), does not define the term "personal representative". However, section
731.201(25) provides: "Personal representative" means the fiduciary appointed by the court to administer the estate and refers to what has been known as an administrator, administrator cum testamento annexo, administrator de bonis non, ancillary administrator, ancillary executor, or executor....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 591257
...ich subjects the issue of the validity of the will to immediate resolution after proper notice. The result is binding on those who were duly noticed and had an opportunity to be heard. [2] The term "residence" is synonymous with the term "domicile." § 731.201(11), Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 2005 WL 2155180
...lause of the will to them. LAW AND ANALYSIS The issue before this Court is who is entitled to homestead property that is not specifically devised in a testator's will when the testator does not have a surviving spouse or minor children. [1] Although section 731.201, Florida Statutes (2004), does not define homestead, it defines "protected homestead" as that property described in the Florida Constitution "on which at the death of the owner the exemption inures to the owner's surviving spouse or heirs." § 731.201(29), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4057751
...nured to Edith's benefit during her lifetime "inure to [the] heirs of the owner" upon her death. [4] As recognized by the majority, Edith specifically devised her residence to her daughter. There are no other devises of the property in her will. See § 731.201(8), Fla....
...It passed outside Edith's estate. Clifton v. Clifton,
553 So.2d 192, 194 n. 3 (Fla. 5th DCA 1989) (noting "[h]omestead property, whether devised or not, passes outside of the probate estate"); Cavanaugh v. Cavanaugh,
542 So.2d 1345, 1352 (Fla. 1st DCA 1989); see also §
731.201(29), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2202
...Plaintiff apparently did receive regular statements from the trustee during Lucy's lifetime, but we do not believe that plaintiff could properly be termed a beneficiary at the times she received those statements. A beneficiary of a trust is defined in section 731.201(2) as the owner of a beneficial interest in the trust....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1988 WL 45215
...administered the decendents' estate and does not deliver to the testamentary trusts all of the assets to which the trusts are entitled under the will. [2] Therefore appellant is "an interested person" within the meaning of those words as defined in section 731.201(21), Florida Statutes, and Fla.R.P....
CopyCited 5 times | Published | Supreme Court of Florida
...`Distribution' is made under the terms of a will as well as under the law of descent and distribution. Since the Lubbe decision the legislature has defined `distributee' as `a person who has received estate property from a personal representative other than as a creditor or purchaser'. Section 731.201(10) Florida Statutes (1975)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16182
..."Distribution" is made under the terms of a will as well as under the law of descent and distribution. Since the Lubbe decision the legislature has defined "distributee" as "a person who has received estate property from a personal representative other than as a creditor or purchaser". Section 731.201(10) Florida Statutes (1975)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 19029
...If, pursuant to
733.2123 [2] the petitioner serves formal notice of Petition for Administration on an interested person prior to issuance of letters, that person may not thereafter challenge the validity of the will except in proceedings prior to issuance of the letters. An interested person is defined in Section
731.201(21), Florida Statutes, as any person who may reasonably be expected to be affected by the outcome of the particular proceeding, including an heir at law or devisee who has not received his distribution....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1992 WL 358121
...gan had advanced. The trial court's determination that Monks converted the unaccounted for assets is amply supported by the evidence at trial. There was also no error in the assessment against Monks of all costs and attorneys' fees in this case. See § 731.201(21), Florida Statutes (1989)....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...will. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. Statutory References §
731.105, Fla. Stat. In rem proceeding. §
731.201(16) and (20), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2013 WL 4081027, 2013 Fla. App. LEXIS 12730
...The Florida Probate Code provides that a proceeding to revoke probate of a will may be commenced by “[a]ny interested person, including a beneficiary under a prior will, unless barred under s.
733.212 or s.
733.2123 ... before final discharge of the personal representative.” §
733.109(1), Fla. Stat. (2009). In section
731.201(23), Florida Statutes (2009), “interested person” is defined as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” “A petition for revocation of probate shall sta...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 6
...he inclusion within its scope of claims whether due or not, direct or contingent, or liquidated or unliquidated, and also claims for damages, including but not limited to actions founded on fraud or other wrongful act or omission of the decedent. At section 731.201(4), in the definitions portion of our probate law, claims are defined as "liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses." The definition explicitly excludes administration expenses and estate, inheritance, succession, or other death taxes....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 109523
...itself does not manifest the intent and describe the document dated June 7, 1969 sufficiently to permit its identification. The one page will which all of the parties agree is valid, revoked all other wills and designated a personal representative. Section 731.201(35), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2006 WL 2872664
...2d 551, 553 (Fla. 4th DCA 1999); Espinosa v. Sparber, Shevin, Shapo, Rosen, and Heilbronner,
612 So. 2d 1378, 1380 (Fla. 1993); Passell v. Watts,
794 So. 2d 651, 652 (Fla. 2d DCA 2001); Kinney v. Shinholser,
663 So. 2d 643, 647 (Fla. 5th DCA 1995). Further, section
731.201(21), Florida Statutes, defines an interested person, for the purposes of wills and trusts, as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 18106, 2011 WL 5554833
...harge of the personal representative.” §
733.109(1), Fla. Stat. (2009) (emphasis added). An “interested person” is defined as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” §
731.201(23), Fla....
...Even if we were to agree with the trial court that the bequest to the Agees in the 2007 will was void as a matter of law, we would still be compelled to reverse the trial court’s dismissal order. Jon Agee was listed as an alternate personal representative of the estate in the 2007 will. Pursuant to section 731.201(23), “[i]n any proceeding affecting the estate or the rights of a beneficiary in the estate, the personal representative of the estate shall be deemed to be an interested person.” Furthermore, an alternate personal representative under a prior will has standing to contest a subsequent will....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 1152, 1988 Fla. App. LEXIS 1916, 1988 WL 44489
...the proceeding. [5] Here, the controversy centers on the effect that the alleged misconduct of corporate officers may have had on the book value of corporate shares. The corporation qua corporation is not an "interested person" within the meaning of section 731.201(21)....
...Accordingly, the order under review is reversed. HENDRY, J., concurs. NESBITT, Judge (specially concurring): I concur in the reversal of the judgment under review. Since the Michigan corporation had no interest in the estate "res," it was not an "interested party" as contemplated by section
731.201(21), Florida Statutes (1985) and had no rights to be subjected to the jurisdiction of the probate court *707 by the filing of a petition and issuance of the notice process contemplated by section
731.301(1), Florida Statutes (1985)....
...The term does not include an heir at law or a devisee who has received his distribution. The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings. § 731.201(21), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 19688
...They therefore are distinguishable from the case at bar where the personal representative seeks to overthrow a portion of the very will under which she is appointed. It is also argued that even if the foregoing be true, Florida has adopted a statute which grants automatic standing to any personal representative. §
731.201(21), Florida Statutes (1979). Thus it is suggested that when the term "interested person" under §
733.109 is considered in pari materia with Section
731.201(21) we achieve automatic standing....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 7714, 2010 WL 2217637
...Barnett,
360 So.2d 399, 406 (Fla.1978). "Lineal descendant" or "descendant" is defined to mean "a person in any generational level down the applicable individual's descending line." It includes children, grandchildren, or more remote descendants but excludes collateral heirs. §
731.201(9), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1997 WL 35013
...grandson, was entitled to protection from the estate's creditors under article X, section 4(b) of the Florida Constitution. Appellant argues *1329 that Bavle did not constitute an "heir" of the decedent under Florida's intestate succession statute, section 731.201(18), Florida Statutes (1993), and, thus, he cannot be deemed an heir for the purposes of the constitutional homestead exemption provision....
...itution, inures to that son. The test is not how title was devolved, but rather to whom it passed.... The personal representative argues that, although "heirs" may avail themselves of the constitutional protection from creditors, "devisees" may not. Section 731.201(18), Florida Statutes (1989), defines heirs and heirs at law as "those persons... who are entitled under the statutes of intestate succession to the property of a decedent." Devisees are defined in section 731.201(9) as persons "designated in a will to receive a devise." According to the personal representative, a devisee cannot be an heir because a devisee takes by will and an heir takes only where there is no will. We cannot agree. Heirs, as defined in section 731.201(18), are simply those persons entitled to receive property under the laws of intestacy; the decedent's son, as his lineal descendant, is a member of that class....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 194063
...ion judgment. John Browning failed to comply with the terms of his dissolution judgment and breached his obligations to his son. There is no question that the son's guardian may make a claim against John Browning's estate because of this breach. See § 731.201(4), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2017 WL 672155, 2017 Fla. App. LEXIS 2280
...In re Vettese’s Estate,
421 So. 2d 737, 738 (Fla. 4th DCA 1982)
(holding that property improperly transferred directly to decedent’s daughters must
be returned to the estate for proper administration under the terms of the will and
governing law); see also §
731.201(14), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1135, 1987 Fla. App. LEXIS 7931
...A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order or proceeding or to set aside a judgment or decree for fraud upon the court. [2] Section 731.201(21), Florida Statutes (1985) reads as follows: "Interested person" means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1989 WL 33998
...(Emphasis added). Thus, Johnson's elective share is based on the assets that remain after deducting all valid claims against the estate. Claims are defined as "liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses." § 731.201(4), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2001 WL 1167162
...Florida Rule of Appellate Procedure 9.110(a)(2) provides that "orders entered in probate and guardianship matters that finally determine a right or obligation of an interested person as defined in the Florida Probate Code" are appealable as final orders. Section 731.201(21), Florida Statutes (1999) (which is a part of the Florida Probate Code), states that "[i]n any proceeding affecting the estate ..., *15 the personal representative of the estate shall be deemed to be an interested person." Clearly,...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1995 WL 621360
...5.020(b), Florida Rules of Probate. Further, we find that rule 5.041(b), Florida Rules of Probate only requires notice be mailed to all interested persons. Rogers & Wells is an interested party as defined by rule 5.041, Florida Rules of Probate, and section 731.201(21), Florida Statutes, and therefore service by mail was appropriate....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1996 WL 604184
...ee. Bartelt v. Bartelt,
579 So.2d 282 (Fla. 3d DCA 1991). The question therefore is simply whether Kelli Snyder, the devisee of the homestead, is an heir as contemplated by article X, section 4, of the Florida Constitution and as defined in sections
731.201(18) and
732.103. If she is, she is thereby entitled to the protection of article X, section 4(b) of the Florida Constitution. Section
731.201(18) defines "heirs" as "those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent." While Kelli Snyder is a lineal descendant of her grandmother, the deced...
...In Public Health Trust v. Lopez,
531 So.2d 946 (Fla.1988), in refusing to allow a distinction to be drawn between "adult heirs" and "dependent heirs," the supreme court found the exemptions permitted in article X, section 4(b), to be clear and referred to section
731.201(18) for the definition of "heirs." Section
731.201(18) defines "heirs" as "those persons ......
...eat public importance: WHETHER ARTICLE X, SECTION 4, OF THE FLORIDA CONSTITUTION EXEMPTS FROM FORCED SALE A DEVISE OF A HOMESTEAD BY A DECEDENT NOT SURVIVED BY A SPOUSE OR MINOR CHILD TO A LINEAL DESCENDANT WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201(18), FLORIDA STATUTES (1993)? *1194 We reverse the trial court's order and remand for further proceedings in accordance with this opinion....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 15621, 2009 WL 3320200
...eceiving formal notice to the extent of the person's interest in the estate." [3] An interested person is defined in the probate code as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." § 731.201(23)....
...However, the meaning of interested person "may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings." Id. The appellants contend they are not interested persons within the meaning of section 731.201(23)....
...Our understanding of appellants' position is that the assets in question are trust assets that are separate and distinct from the estate assets and therefore they would not "reasonably be expected to be affected by the outcome" of the estate proceedings. § 731.201(23)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1989 WL 118960
...ditors of the estate, a position now advocated by both parties, we agree with the trial court that the devised property is subject to the claims of creditors. There is a real and substantial difference between an "heir" and a "devisee." Heirs, under section 731.201(18), Florida Statutes (1987), are those persons who are entitled under the statutes of intestate succession to the property of a decedent....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 4922917
...tive of the estate shall be deemed to be an interested person. . . . The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings. § 731.201(23), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...ng. However, since the issue involved is one of law rather than of fact, any error in not taking testimony was harmless. AFFIRMED. SHARP and COWART, JJ., concur. NOTES [1] The term personal representative has subsequently replaced the term executor. § 731.201(25), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 18431, 2014 WL 5834826
...Estate of Engelke,
921 So. 2d 693, 695–96 (Fla. 4th
DCA 2006) (citing Snyder v. Davis,
699 So. 2d 999 (Fla. 1997)).
Florida law restricts the devise of homestead property. “Devise” is
defined as “a testamentary disposition of real or personal property.”
§
731.201(10), Fla....
...Section
732.4017, Florida Statutes,
provides:
(1) If the owner of homestead property transfers an interest in
that property, including a transfer in trust, with or without
consideration, to one or more persons during the owner’s
lifetime, the transfer is not a devise for purposes of s.
731.201(10) or s....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 6903, 2009 WL 1531772
...the property." Id. §
733.608(2). For purposes of probate litigation, the Florida Legislature has defined an "interested person" as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." Id. §
731.201(23)....
...Constance is an "interested person" because, by potentially being Joseph's surviving spouse and joint owner of the property, as well as being the property's current occupant, she is a "person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." Id. § 731.201(23)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 801133
...ling. In light of our holding in this appeal, it is necessary for this court to address this issue, and we conclude that "securities" include stocks. Section
744.1025 provides that the definitions in the probate code shall apply to guardianship law. Section
731.201(31) of the probate code refers to section
517.021 for the definition of security, and subsection
517.021(19)(b) provides that a security includes "a stock." Accord Black's Law Dictionary 1215 (5th ed.1979) (defining "securities" to include stocks)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1657
...We agree that the attorney's signature on the objection was sufficient to satisfy the statutory provision that a "personal representative or other interested person" may file objections to claims. Johnson argues that these are terms of art, the definitions of which the personal representative's attorney does not meet. See Section 731.201(21) and (25), Florida Statutes (1983)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Affirmed in part, reversed in part. NOTES [1] Section
732.514, Florida Statutes (1979) provides that: "The death of the testator is the event that vests the right to devises unless the testator in his will has provided that some other event must happen before a devise shall vest." Section
731.201(8), Florida Statutes (1979) defines the term "devise" to mean "a testamentary disposition of real or personal property... ." [2] Section
732.101(2), Florida Statutes (1979) provides that: "The decedent's death is the event that vests the heirs' right to intestate property." Section
731.201(28), Florida Statutes (1979) defines the term "property" to mean "both real and personal property or any interest in it and anything that may be the subject of ownership."
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...ir attorneys. Editorial changes to conform to the court's guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Statutory reference to section
732.402, Florida Statutes, added. Committee Notes revised. Statutory References §
731.201(23), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 13075
... Brown v. Firestone,
382
So. 2d 654, 662 (Fla. 1980). By statutorily defining an “interested person”
as including any person “who may reasonably be expected to be affected
by the outcome of the proceeding,” the Florida Probate Code, through
section
731.201(21), Florida Statutes (2014), sought to “incorporate[] the
general standing principles.” Hayes v....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 4795639, 2012 Fla. App. LEXIS 17445
... as “a formal written request presented to a court or other official body.” Black’s Law Dictionary (9th ed. 2009). Similarly, the term “petition” is defined in the Florida Probate Code as “a written request to the court for an order.” § 731.201(29), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 WL 1772707, 2014 Fla. App. LEXIS 6472
...heard in the probate proceedings. Nonetheless, the trial court did not lack subject matter jurisdiction to consider the claim for disgorgement. The “court” for purposes of the Florida Probate Code is defined generally as “the circuit court.” § 731.201, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1212
...n of 1885, containing language very similar to the current provision, to mean "those who may under the laws of the state inherit from the owner of the homestead." Shone v. Bellmore,
75 Fla. 515,
78 So. 605, 607 *424 (Fla. 1918). Heirs are defined in Section
731.201(18), Florida Statutes, as "those persons, including the surviving spouse who are entitled under the statutes of intestate succession to the property of a decedent." Among the heirs listed in Section
732.103, Florida Statutes, are line...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 374718
...The Florida Probate Code defines "claims" as "liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses. The term does not include expenses of administration or estate, inheritance, succession, or other death taxes." § 731.201(4), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 3335064, 2013 Fla. App. LEXIS 10662
...(1) The Employment Provision of the First Codicil of Milton Grant, dated April 17, 2007, does not legally provide for an employment contract, or assurance of lifetime employment for Thomas. (IA) Employment is not a real/personal property interest as that term is defined in section 731.201, Florida Statutes.......
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 9470, 2000 WL 1035956
...An “interested person” is defined as: “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. In any proceeding affecting the estate or the rights of a beneficiary in the estate, the personal representative of the estate shall be deemed an interested person.” § 731.201(21), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 10752, 2015 WL 4269079
...We agree.
When the petition was filed, the stock was titled in the names of each
of the four daughters and the father as a joint tenancy with right of
2 The Florida Statutes defines an “interested person” as “any person who may
reasonably be expected to be affected by the outcome of the particular
proceeding.” § 731.201(23), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 61, 2004 WL 40548
...those who may under the laws of the state inherit from the owner of the homestead.'" State, Dep't of Health & Rehabilitative Servs. v. Trammell,
508 So.2d 422, 423 (Fla. 1st DCA 1987) (quoting Shone v. Bellmore,
75 Fla. 515,
78 So. 605, 607 (1918)). Section
731.201(18) defines "heirs" as "mean[ing] those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent." §
731.201(18), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 247899
...If more than one applies, the court may select the one best qualified. The term "heirs," in turn, is defined as "those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent." § 731.201(18), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 115
...ey, and the amount claimed. The claim is presented when filed. While the statute does not define "creditors," it does define "claims" as liabilities of the decedent, whether arising in contract or tort, or otherwise, and funeral expenses. Fla. Stat. § 731.201(4) (1983)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 17496
...ithin the exception to section
733.706 (stating that the enforcement of security interests encumbering specific property will not be prevented by that section). However, for purposes of determining what is a security interest under the probate code, section
731.201, Florida Statutes (1987), refers to the definition of a security interest contained in the Uniform Commercial Code at section
671.201, Florida Statutes (1987), where it is defined as: "Security interest" means an interest in personal property or fixtures which secures payment or performance of an obligation....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3481367
...ourt determine ownership of the funds. Further, at the hearing preceding the entry of the May 13, 2002, order, the trial court made clear that all interested parties would have the opportunity to litigate and be heard concerning the ownership issue. Section 731.201(21), Florida Statutes (2003), provides that an "`[i]nterested person' means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." The record reflects that Ms....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 WL 497262
...Neither is there anything in the record to show that appellants voluntarily submitted to the jurisdiction of the court. Finally, no contention is made that either appellant qualified as an interested person in the guardianship estate under the statutory definition of "interested person." § 731.201(21), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 1010113
...Had it been afforded due process, it asserts it would have designated the proceeding adversarial and moved to block the reformation as untimely under Florida Rule of Civil Procedure 1.540. We reject this argument because ORHS was not an "interested person" as defined by section 731.201(21), Florida Statutes (2003). That section expressly states that the meaning of the term "interested person" may "vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings." § 731.201(21), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 4808, 2015 WL 1500021
...ent by
bequeathing his membership interest to his children as vested residual
beneficiaries.
The Florida Probate Code broadly defines the probate “estate” as
encompassing the decedent’s property “that is the subject of
administration.” § 731.201(14), Fla. Stat. (2011). In deciphering a probate
estate’s parameters, the deciding factor is the decedent’s ownership
interest in property. § 731.201(32), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 797, 2003 Fla. LEXIS 1779, 2003 WL 22410375
...rties at least twenty days before the hearing. Rule 1.210(a), Parties: Parties Generally, is amended to make the rule consistent with statutory language. The amendment changes the term “executor” in the rule to “personal representative.” See § 731.201(25), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 2899461
...(Fla. 1st DCA 1975), and Estate of Price v. West Florida Hospital, Inc.,
513 So.2d 767 (Fla. 1st DCA 1987). There is no dispute as to the trial court's determination that the Baker Road property is protected homestead property of the decedent as per section
731.201(29), Florida Statutes (2004), which provides: "Protected homestead" means the property described in s....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19364, 2014 WL 6674749
...eport without a
concomitant right to inspect the report. Fla. Prob. R. 5.700(a).2
The term “interested person” is defined as “any person who may
reasonably be expected to be affected by the outcome of the particular
proceeding involved.” § 731.201(23), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...eeding in the manner required by the statute and rules. The Probate Code provides that “‘formal notice’ means a form of notice that is described in and served by a method of service provided under rule 5.040(a) of the Florida Probate Rules.” § 731.201(18), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 950228
...The hospital responds that it was interested because the hospital bills for Jimenez exceeded $1 million dollars and, except for about $80,000, which had been paid by Medicaid for emergency care, there were no funds available to pay for his care. We conclude that the hospital is "affected by the outcome" of the proceeding, section 731.201(21), Florida Statutes (2002), and is therefore interested....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 WL 2340787, 2016 Fla. App. LEXIS 6747
...validated by the relation back doctrine.
6 The only other person who is authorized to publish the notice to creditors under
Florida law is a court-appointed curator, an individual “appointed by the court to
take charge of the estate of a decedent until letters are issued.” § 731.201, Fla.
Stat....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2065802
..." Florida Probate Rule 5.040(a)(3) describes the manner in which formal notice shall be served, including by mail, a commercial delivery service, service of process under the Florida Rules of Civil Procedure, or as otherwise provided by Florida law. Section 731.201(21) of the probate code defines an "interested person" as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." Further, the meaning of "interested person" "may vary from time...
...g to the particular purpose of, and matter involved in, any proceedings." Id. The statute defines a "distributee" as "a person who has received estate property from a personal representative or other fiduciary other than as a creditor or purchaser." § 731.201(10)....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...5th DCA 2005), and subsequent *1173 subdivisions renumbered accordingly. Committee notes revised. Statutory References §
1.01(3), Fla. Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. §
731.105, Fla. Stat. In rem proceeding. §
731.201(16), (20), Fla....
...5th DCA 2005). Committee notes revised. Statutory References ch. 39, Fla. Stat. Proceedings relating to children. ch. 48, Fla. Stat. Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; custody. ch. 63, Fla. Stat. Adoption. § 731.201, Fla....
...1988 Revision: Editorial change in caption of (a). Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces "homestead" with "protected homestead" in (a)(2) to conform to addition of term in section 731.201(29), Florida Statutes....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 10140, 28 Fla. L. Weekly Fed. D 1555
disagree. Bentley was an interested person. Section
731.201(21), Florida Statutes, defines an “interested
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...(b) [No Change] Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See Fla. Prob. R. 5.190 and 5.540 and also §§
731.201 and
744.102, Fla....
...he statutes effective July 1, 2007, and which replaces deleted chapter 737, and to add reference to chapter 739, Florida Statutes, which was added effective July 1, 2005. Committee notes revised. Statutory References §
1.01, Fla. Stat. Definitions. §
731.201, Fla....
...2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References §
1.01(3), Fla. Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. §
731.105, Fla. Stat. In rem proceeding. §
731.201(16),(20)(18),(22), Fla....
...2002 Revision: Reference to rule 1.410 transferred to subdivision (a) from former rule 5.070. Subdivision (b) amended to give court discretion to assess attorneys' fees. Subdivision (c) added. Committee notes revised. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(21)(23), Fla....
...2002 Revision: Addition of phrases in subdivision (j) to add references to wills probated in Florida where the original is in the possession of a foreign official. Editorial changes. Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(21)(23), Fla....
...Subdivision (b)(5) amended to delete the reference to the surviving spouse filing the election as another person can file the election on behalf of the surviving spouse. New subdivision (e) added to provide a deadline for objection by a person who waives service. Committee notes revised. Statutory References § 731.201(21)(23), Fla....
...Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: "Beneficiaries" substituted for "devisees" in subdivision (b) to conform language to section
733.109(2), Florida Statutes. 2007 Revision: Committee notes revised. Statutory References §
731.201(21)(23), Fla....
...w rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(21)(23), Fla....
...2003 Revision: Change in subdivision (c) to replace "heirs or devisees" with "beneficiaries" to incorporate term used in section
733.105, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. Statutory References ch. 49, Fla. Stat. Constructive service of process. §
731.201(2), (21)(23), Fla....
...ation. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (f) deleted to avoid duplication with rule 5.180. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(10), (21)(12), (23), Fla....
...Citation form changes in committee notes. 1996 Revision: Subdivision (d) amended to clarify that 90-day period pertains to service of hearing notice, not the actual hearing date. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(10), (21)(12), (23), Fla....
...of the petition, description of any homestead property, and definition of specific interests of persons entitled to homestead real property. 2002 Revision: Replaces "homestead" with "protected homestead" throughout to conform to addition of term in section
731.201(29), Florida Statutes. Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Constitutional Reference [No Change] Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(29)(31), Fla....
...Citation form changes in committee notes. 2003 Revision: Rule completely revised to comply with statutory changes. Committee notes revised. 2007 Revision: Committee notes revised. Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(21)(23), Fla....
...2002 Revision: Entire rule amended. Contents of accountings by removed fiduciaries are now governed by rule 5.346. Editorial changes in (a), (c), and (d). Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(21)(23), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 347574
...The term "heirs" under Florida's homestead law is determined using a broad and liberal interpretation of Florida's intestacy statutes. See Snyder v. Davis,
699 So.2d at 1004; Jetton Lumber Co. v. Hall,
67 Fla. 61,
64 So. 440 (1914). Florida's intestacy statute, section
731.201(18), Florida Statute (1997), defines "heirs" as "those persons ......
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 26, 1991 WL 338
...disclaim her interest in the trust and never exercise her power of appointment in favor of appellant, but only in favor of appellant’s brothers. The trial court granted the motion to dismiss, concluding that appellant was not an interested party. Section 731.201(21), Florida Statutes (1987), provides the statutory definition of interested party for purposes of probate proceedings....
...dministered the decedents’ estate and ' does not deliver to the testamentary trusts all of the assets to which the trust are entitled under the will. Therefore appellant is “an interested person” within the meaning of those words as defined in section 731.201(21), Florida Statutes, and Fla.R.P....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2001 WL 76726
...1997), the supreme court addressed the following certified question, WHETHER ARTICLE X, SECTION 4 OF THE FLORIDA CONSTITUTION EXEMPTS FROM FORCED SALE A DEVISE OF A HOMESTEAD BY A DECEDENT NOT SURVIVED BY A SPOUSE OR MINOR CHILD TO A LINEAL DESCENDANT WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201(18), FLORIDA STATUTES (1993)....
CopyCited 1 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 21054, 1998 WL 966651
...Under the Rehabilitation Act, nevertheless, a handicapped person's application for employment may be rejected "in order to `promote the efficiency of the service.'" See Crewe v. United States Office of Personnel Management, NACI,
834 F.2d 140, 142 (8th Cir.1987) (citing 5 C.F.R. §
731.201)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 6601969, 2012 Fla. App. LEXIS 21700
...ates must present in order to gain standing as a personal representative to pursue any claim in the Florida court. . The Probate Code defines "foreign personal representative” as "a personal representative of another state or a foreign country.” § 731.201(17), Fla....
...The code further defines "personal representative” as "the fiduciary appointed by the court to administer the estate and refers to what has been known as an administrator, administrator cum tes-tamento annexo, administrator de bonis non, ancillary administrator, ancillary executor, or executor.” § 731.201(28), Fla. Stat. Furthermore, "court” is defined in the statute as "the circuit court.” § 731.201(7), Florida Statutes.
CopyCited 1 times | Published | United States Bankruptcy Court, N.D. Florida | 22 Fla. L. Weekly Fed. B 455, 2010 Bankr. LEXIS 2377, 2010 WL 3069570
...The Florida Probate Code, Chapter 732 Fla. Stats. (2010), defines "devise" and "bequest" when used as a noun, as "a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will or trust." § 731.201(10), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5965, 2010 WL 1727842
...of the rule. However, rule 5.490(a) is not the last word on the subject of the proper format of claims. The Code itself broadly defines a "claim" as "a liability of the decedent, whether arising in contract, tort, or otherwise, and funeral expense." § 731.201(4)....
CopyCited 1 times | Published | Supreme Court of Florida | 1998 WL 190403
...Further, Teague is correct in her contention that the word "claims" in subsection (h) does not embrace her attorney's fee award. Under the statute, Class 8 obligations include "all other claims. " §
733.707(1)(h), Fla. Stat. (1995) (emphasis added). "Claims" are defined in section
731.201(4) as: "liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses. The term does not include expenses of administration or estate, inheritance, succession, or other death taxes." §
731.201(4), Fla....
...uring his lifetime, and any excess over the sums allowed in paragraphs (b) and (d). §
733.707(1), Fla. Stat. (1995). [2] Teague argues that the word "claims" in subsection (g) does not embrace her attorney's fee award because "claims" is defined in section
731.201 as embracing only obligations incurred by the decedent during his or her lifetime. This argument is unavailing. According to its plain language, the definition of "claims" in section
731.201 is not so limited: (4) "Claims" means liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses. The term does not include expenses of administration or estate, inheritance, succession, or other death taxes. §
731.201, Fla....
CopyPublished | Florida 4th District Court of Appeal
...on February 2, 2017 and ordered Plaintiff to properly substitute the estate
1‘“Curator’ means a person appointed by the court to take charge of the estate of
a decedent until letters [of administration] are issued [to a personal
representative of the estate].” § 731.201(8), Fla....
CopyPublished | Florida 3rd District Court of Appeal
“interested person” within the definition of section
731.201(23), Florida Statutes (2016), of the Florida
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...2005 Revision: Subdivision (a)(3)(A) amended to delete requirement of court approval of commercial delivery service. Statutory References §
1.01(3), Fla. Stat. Definitions. ch. 48, Fla. Stat. Process and. service of process. ch. 49, Fla. Stat. Constructive service of process. §
731.105, Fla. Stat. In rem proceeding. §
731.201(16), (20), Fla....
...Subdivision (e) amended to clarify date of filing. Editorial changes in subdivision (f). 2003 Revision: Committee notes revised. 2005 Revision: Changes in subdivisions (b) and (f) to clarify service requirements, and editorial changes in (e). Statutory References § 731.201, Fla....
...da Statutes, regarding when service on trust beneficiaries is required, and clarifying editorial change made in (a). New subdivision (b)(5) added regarding notice to file election to take elective share. Committee notes revised. Statutory References § 731.201(21), Fla....
...Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: “Beneficiaries” substituted for “devisees” in subdivision (b) to conform language to section
733.109(2), Florida Statutes. Statutory References §
731.201(21), Fla....
...nts found in §
733.6171(9), Florida Statutes, and expanded to cover all compensation. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (f) deleted to avoid duplication with rule 5.180. Statutory References §
731.201(10), (21), Fla....
...This change is not intended to allow an authenticated copy of any document other than an original instrument to be filed under this rule and considered for probate. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. *1210 Statutory References § 731.201(1), Fla....
...roof of claim, now addressed in rule 5.498, and subsequent subdivisions relettered. Reference to service on the claimant’s attorney removed because service on the attorney is required by rule 5.041(b). Committee notes revised. Statutory References § 731.201(4), Fla....
...1988 Revision: Editorial change in caption of (a). Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces “homestead” with “protected homestead” in (a)(2) to conform to addition of term in section 731.201(29), Florida Statutes....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...the court. Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See FPR 5.190 and 5.540 and also F.S.
731.201 and F.S.
744.102. 1988 Revision: Rule was expanded due to deletion of FPR 5.190. Committee notes expanded. Citation form changes in rule and committee notes. Statutory References F.S.
1.01 Definitions. F.S.
731.201 General definitions....
...Paragraph (f) of prior rule has been deleted as it is now covered under the adversary rules. 1988 Revision: Editorial change in caption of (a). Committee notes revised. Citation form change in committee notes. Statutory References F.S.
731.104 Verification of documents. F.S.
731.201 General definitions....
...informal notice transferred to new FPR 5.041 and 5.042; eliminates waiver of notice by will. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
731.105 In rem proceeding. F.S.
731.201(16) and (20) General definitions....
...It is not applicable to every pleading and paper served or filed in the administration of a guardianship or decedent’s estate. Rule History 1984 Revision: New rule. Paragraph (c) is same as former FPR 5.040(d). *508 1988 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.201 General definitions....
...1980 Revision: Caveat, the personal representative may want to give notice to parties even though not required, for example, where an independent action has been filed on an objected claim. 1988 Revision: Captions added to paragraphs. Committee notes expanded. Citation form changes in committee notes. Statutory Reference F.S. 731.201 General definitions....
...“heirs,” “heirs-at-law,” “incompetent,” “interested person,” “letters,” “other state,” “personal representative,” “petition,” “property,” “residence,” “trustee,” and “will” contained in this rule and F.S. 731.201 are verbatim except that the definition of “authenticated” in F.S....
...Florida resident must comply with Florida law; adds new paragraph (b) to set forth required contents of petition for probate of will; moves former (b) to (c). Committee notes expanded; citation form change in committee notes. Statutory References F.S. 731.201 General definitions....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...the court. Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See FPR 5.190 and 5.540 and also F.S.
731.201 and F.S.
744.102. 1988 Revision: Rule was expanded due to deletion of FPR 5.190. Committee notes expanded. Citation form changes in rule and committee notes. Statutory References F.S.
1.01 Definitions. F.S.
731.201 General definitions....
...Paragraph (f) of prior rule has been deleted as it is now covered under the adversary rules. 1988 Revision: Editorial change in caption of (a). Committee notes revised. Citation form change in committee notes. Statutory References F.S.
731.104 Verification of documents. F.S.
731.201 General definitions....
...informal notice transferred to new FPR 5.041 and 5.042; eliminates waiver of notice by will. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
731.105 In rem proceeding. F.S.
731.201(16) and (20) General definitions....
...It is not applicable to every pleading and paper served or filed in the administration of a guardianship or decedent’s estate. Rule History 1984 Revision: New rule. Paragraph (c) is same as former FPR 5.040(d). 1988 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.201 General definitions....
...1980 Revision: Caveat, the personal representative may want to give notice to parties even though not required, for example, where an independent action has been filed on an objected claim. 1988 Revision: Captions added to paragraphs. Committee notes expanded. Citation form changes in committee notes. Statutory Reference F.S. 731.201 General definitions....
...a personal representative or revoking or revising another will. Proposed Rule RULE 5.190. DEFINITIONS DELETE ENTIRE RULE. Committee Notes 1975 Revision: These definitions are intended to simplify application of these rules. See also definitions in F.S. 731.201....
...“heirs,” “heirs-at-law,” “incompetent,” “interested person,” “letters,” “other state,” “personal representative,” “petition,” “property,” “residence,” “trustee,” and “will” contained in this rule and F.S. 731.201 are verbatim except that the definition of “authenticated” in F.S....
...Florida resident must comply with Florida law; adds new paragraph (b) to set forth required contents of petition for probate of will; moves former (b) to (c). Committee notes expanded; citation form change in committee notes. Statutory References F.S. 731.201 General definitions....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See Fla. Prob. R. 5.190 and 5.540 and also §§
731.201 and
744.102, Fla....
...Citation form changes in rule and committee notes. 1992 Revision: Citation form changes in rule and committee notes. 2000 Revision: Subdivision (b)(2) amended to delete outdated reference to rule 5.550(c). Statutory References §
1.01, Fla. Stat. Definitions. §
731.201, Fla....
...2000 Revision: Editorial changes in subdivision (a)(3)(A) to clarify requirements for service of formal notice. Statutory References §
1.01(3), Fla. Stat. Definitions. Ch. 48, Fla. Stat. Process and service of process. Ch. 49, Fla. Stat. Constructive service of process. §
731.105, Fla. Stat. In rem proceeding. §
731.201(16), (20), Fla....
...1996 Revision: Subdivision (b) amended to allow service to be made by facsimile. Committee notes revised. 2000 Revision: Subdivision (b) amended to clarify requirements for service of pleadings and papers. Subdivision (e) amended to clarify date of filing. Editorial changes in subdivision (f). Statutory References § 731.201, Fla....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064
...e notice. The receipt of the notice of administration can trigger time limits for the person receiving the notice with regard to certain rights, such as the right to claim an elective share. Rule History 2013 Revision: New rule. Statutory References § 731.201(23), Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See FPRFla.Prob.R. 5.190 and 5.540 and also ⅛¾⅞ 731.201 and 5⅛-744.-102, Fla.Stat....
...1988 Revision: Rule was expanded due to deletion of FPRrule 5.190. Committee notes expanded. Citation form changes in rule and committee notes. 1992 Revision: Citation form changes in rule and committee notes. Statutory References
1.01, Fla.Stat. Definitions. F*S,§
731.201, Fla.Stat....
...Committee notes revised. Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F4S4
731.104, Fla.Stat. Verification of documents. General defini-⅛⅜§
731.201, Fla.Stat....
...Committee notes revised. Citation form changes in committee notes. Statutory References §
1.01(3), Fla.Stat. Definitions. *1316 ch. 48, Fla.Stat. Process and service of process. ch. 49, Fla.Stat. Constructive service of process. §
731.105, Fla.Stat. In rem proceeding. §
731.201(16^ and (20), Fla.Stat....
...Paragra-phSubdivision (c) is same as former FERrule 5.040(d). 1988 Revision: Committee notes revised. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References 731.201, Fla.Stat....
...1988 Revision: Captions added to para-graphssubdivisions. Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References 731.201, Fla.Stat....
...nts of petition for probate of will; moves former (b)to (c). Committee notes expanded; citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References 731.201, Fla.Stat....
...1992 Revision: Former subdivision (e) revised and reinstated to emphasize need for personal representative to determine all known or reasonably ascertainable creditors. Editorial changes; committee notes revised; citation form changes in committee notes. Statutory References § 731.111, Fla.Stat. Notice to creditors. § 731.201(21), Fla.Stat....
...1988 Revision: Language of para-graphsubdivision (b) of the rule rewritten to track the statute more closely. Committee notes expanded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 731.107, Fla.Stat. Adversary proceedings. § 731.201(21), Fla.Stat....
...hese rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.201(21), Fla.Stat....
...The second sentence of (2) of the statute is felt by the committee to be substantive and has not been included. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References ch. 49, Fla.Stat. Constructive service of process. § 731.201(21), Fla.Stat....
...33.901(1), Florida Statutes. Committee notes revised. Citation form changes in committee notes. 1992 Revision: Subdivision (b)(5)(D) is added. Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.201(10), (21), Fla.Stat....
...0. Clarifies procedure for objections. 1988 Revision: Editorial changes in (a). Committee notes revised. Citation form changes in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 731.201(10), (21), Fla.Stat....
...1977 Revision: Editorial change in committee note. 1988 Revision: Editorial changes; cap-Committee notes revised. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.201(21), Fla.Stat....
...Deletes ability to extend time to file and adds reference to court power to punish for contempt. Committee notes expanded. Editorial changes. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.201(21), Fla.Stat....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2016 WL 5173215
...Doc. No. 44. . Doc. No. 30 at ¶¶ 5-8; Doc. No. 39 at ¶¶ 15-18. . Id. at ¶¶ 15 & 16. . Doc. No. 30 at ¶¶ 5-6; Doc. No. 39 at ¶¶ 15-16. . Doc. No. 44 at ¶ 9 (citing In re Brown,
303 F.3d 1261 (11th Cir. 2002)). . Id. at ¶¶ 10-12 (citing §
731.201(10), Fla....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...PLEADINGS; VERIFICATION; MOTIONS (a) (e) [No Change] Committee Notes [No Change] Rule History 1977 Revision 2003 Revision [No Change] *579 2010 Revision: Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.104, Fla. Stat. Verification of documents. §
731.201, Fla....
...Proceedings relating to children. ch. 48, Fla. Stat. Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; custodytime-sharing. ch. 63, Fla. Stat. Adoption. §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.201, Fla....
...Temporary custody of minor children by extended family. Rule References [No Change] *581 RULE 5.060. REQUEST FOR NOTICES AND COPIES OF PLEADINGS (a) (b) [No Change] Committee Notes Rule History 1975 Revision 2003 Revision [No Change] 2010 Revision: Committee notes revised. Statutory References § 731.201, Fla....
...t forth in rule 5.240. New subdivision (d) added to provide that any order admitting the decedent's will to probate without administration contain a finding that the will was executed as required by law. Committee notes revised. Statutory References § 731.201, Fla....
...PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD REAL PROPERTY (a) (c) [No Change] Committee Notes [No Change] Rule History 1984 Revision 2007 Revision [No Change] 2010 Revision: Committee notes revised. Constitutional Reference [No Change] Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(3133), Fla....
CopyPublished | Florida 3rd District Court of Appeal
of the administration of a decedent’s estate. §
731.201(23), Fla. Stat. (2022). We conclude, based on
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 598, 2010 Bankr. LEXIS 3298
...As noted above, the parties agreed at the evidentiary hearing that Florida law governs interpretation of the trust agreement. In Florida, the terms "bequest" and "devise," when used as nouns, are synonyms meaning "a testamentary disposition of real or personal property." FLA. STAT. § 731.201(10); see Mosgrove v....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...to specifically authorize a procedure for rehearing. 1984 Revision: Minor editorial changes. Paragraph (f) of prior rule has been deleted as it is now covered under the adversary rules. Statutory References F.S.
731.104 Verification of documents. F.S.
731.201 General definitions....
...fines when service of formal notice is deemed complete; provisions relating to method of service of informal notice transferred to new rules 5.041 and 5.042; eliminates waiver of notice by will. Statutory References F.S.
731.105 In rem proceeding. F.S.
731.201(16) and (20) General definitions....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 11209
...The remaining issue addressed by the trial court’s order was Edwards’ status vis-a-vis the will. 2 The trial court correctly found that Edwards did not fit within the definition of a beneficiary set forth in the probate code because she was not the devisee of any real or personal property. See § 731.201(2). A devisee is “a person designated in a will to receive ... a testamentary disposition.” See § 731.201(8),(9) (emphasis supplied)....
...Putnam,
656 So.2d 460 (Fla.1995), and cases cited therein. Edwards more appropriately fits within the broader designation of an “interested person” defined as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” §
731.201(21)....
CopyPublished | Florida 4th District Court of Appeal
...ty property interest, and does not refer
to the creditor claim statutes in any way. Instead, the wife argued, section
732.223 is designed solely to limit a personal representative’s duty to search for
community property.
Second, the wife cited section
731.201(4), Florida Statutes (2015), which
defines a “claim” as
a liability of the decedent, whether arising in contract, tort, or
otherwise, and funeral expense....
...The term does not include an
expense of administration or estate, inheritance, succession, or other
death taxes.
Relying on that definition, the wife argued that her community property interest
was not a liability of the decedent, and therefore was not a “claim” under section
731.201(4).
Third, the wife argued that if her petition was a claim, then her community
property interest fell within the common law “trust exception” and the statutory
“lien exception” to section
733.702(1)’s and section
733.710(1)’s deadlines....
...Applying de novo review, we agree with the daughters’ arguments in six
respects.
First, we agree with the daughters’ argument that the wife’s petition to
determine her community property interest is a “claim” as that term is defined
in section 731.201(4). Section 731.201(4) defines a “claim” as
a liability of the decedent, whether arising in contract, tort, or
otherwise, and funeral expense....
...tors or, as to any
creditor required to be served with a copy of the notice to creditors, 30 days after
the date of service on the creditor . . . .”) (emphasis added).
Third, to the extent the wife’s petition is not only a “claim” under section
731.201(4) but also a cause of action, the wife’s failure to make a claim upon her
community property interest within section
733.710(1)’s two-year claim period
barred her later-filed untimely claim (in the form of the petition)....
...Upon the decedent’s death, the wife had the ability to perfect her community
property interest by seeking an order of the probate court pursuant to section
732.223. Because the wife’s community property interest was a “claim” as
defined in section
731.201(4), the wife had three months after the time she
published the notice to creditors to file her claim according to section
733.702(1),
and in any event had two years after the decedent’s death to file her claim
according to section
733.710(1)....
CopyPublished | Florida 1st District Court of Appeal | 1994 WL 577384
...affirmative disposition of property. The trial judge did not err in dismissing the petition with prejudice. The statutory definition of "will" includes an instrument which merely appoints a personal representative or revokes or revises another will. § 731.201(35), Fla....
...Jur., Wills, Section 253). In the present case, there is no ambiguity. The will clearly attempts to devise the decedent's property to Sherman for Sherman to distribute according to oral instructions from the decedent. Florida does not recognize oral wills. §§
731.201(35);
732.502, Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 10398
...rmative disposition of property. The trial judge did not err in dismissing the petition with prejudice. The statutory definition of “will” includes an instrument which merely appoints a personal representative or revokes or revises another will. § 731.201(35), Fla.Stat....
...Jur., Wills, Section 253). In the present case, there is no ambiguity. The will clearly attempts to devise the decedent’s property to Sherman for Sherman to distribute according to oral instructions from the decedent. Florida does not recognize oral wills. §§
731.201(35);
732.502, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
...second amended complaint, they cannot challenge the Trust. See Cruz,
277
So. 3d at 1098-99 (Fla. 5th DCA 2019).
B. “Interested Persons”
Appellants alternatively argue that they have standing to invalidate the
Trust because they qualify as “interested persons” under section
731.201(23), Florida Statutes.
Section
731.201(23), Florida Statutes, defines an “interested person”
as: “any person who may reasonably be expected to be affected by the
outcome of the particular proceeding involved....
CopyPublished | Court of Appeals for the Eleventh Circuit
...2006)).
Under Florida law, “[a]ny part of the estate of a decedent not
effectively disposed of by will passes to the decedent’s heirs,” Fla.
Stat. §
732.101(1), which includes “the descendants of the dece-
dent,” id. §
732.103(1). Under Florida Statute §
731.201(9), a
USCA11 Case: 20-11656 Date Filed: 10/12/2022 Page: 9 of 14 RESTRICTED
20-11656 Opinion of the Court 9
“descendant” is “synonymous with the terms ‘lineal desce...
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 16903, 2006 WL 2872522
...ossession of personal property or the right to foreclose and enforce the mortgage or lien. (Emphasis added). A “claim” is defined in part as a “liability of the decedent, whether arising in contract, tort, or otherwise, and funeral expense.” § 731.201(4), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2422, 1989 Fla. App. LEXIS 5603
...f the estate, a position now advocated by both parties, we agree with the trial court that the devised property is subject to the claims of creditors. There is a real and substantial difference between an “heir” and a “devisee.” Heirs, under section 731.201(18), Florida Statutes (1987), are those persons who are entitled under the statutes of intestate succession to the property of a decedent....
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 4414240
...He was predeceased by wife, Charlotte, who died nine months earlier, and son, Richard LaRocque, who died in 1993 and was survived by children, Kim Balboni and Richard W. LaRocque (Ricky). Thus, at the time of Bill's death, he had four lineal descendants who were heirs at law pursuant to section 731.201(18), Florida Statutes (2006): 1) son, Ron; 2) daughter, Carole; 3) granddaughter, Kim; and 4) grandson, Ricky....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19550, 2012 WL 5458080
...nition of “interested person” from the Florida Probate Code applies. The Florida Probate Code defines “interested person” as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” §
731.201(23), Fla. Stat. (2009). The question of who is an interested person may vary depending on “the particular purpose of, and matter involved in, any proceedings.” Hayes,
952 So.2d at 507 (citing §
731.201(21), Fla....
CopyPublished | Supreme Court of Florida
...2021 Revision: Subdivision (k) amended to require a statement
as to whether the personal representative seeking appointment has
been convicted of abuse, neglect, or exploitation of an elderly or
disabled adult.
Statutory References
§ 731.201(23), Fla....
...2021 Revision: Amends subdivisions (a) and (b)(5) to include
real property owned by a trust. Committee notes revised.
Constitutional Reference
[No Change]
Statutory References
§
731.104, Fla. Stat. Verification of documents.
§
731.201(33), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 15417, 2000 WL 1744819
...The sole contingency is that Cianci must establish liability based on facts which occurred before the death of Tracey K. Garey. The legislature has addressed the matter of tort actions by determining that “claims” means “liability of the decedent whether arising in contract, tort, or otherwise, and funeral expenses.” §
731.201(4), Fla. Stat. (1999); see Gates Learjet Corp. v. Moyer,
459 So.2d 1082, 1084 (Fla. 4th DCA 1984) (explaining that while section
731.201(4) defines claims as “liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses,” this definition explicitly excludes administration expenses)....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 17910, 2015 WL 7566353
...Id.
Additional support for the personal representatives’ argument that the
curator should not have been appointed to serve at the same time the
personal representatives were serving can be found in the definitions
within the Florida Probate Code. Section 731.201, Florida Statutes (2014),
defines a “curator” as “a person appointed by the court to take charge of
the estate of a decedent until letters are issued.” § 731.201(8), Fla....
...Additionally, “letters” is defined in the Probate
Code as “authority granted by the court to the personal representative to
act on behalf of the estate of the decedent and refers to what has been
known as letters testamentary and letters of administration.” §
731.201(24), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...733.702(1), the trustee of a trust described in s.
733.707(3) is an interested person in the
administration of the grantor’s estate. The term does
not include a beneficiary who has received complete
distribution. . . .
§
731.201(23), Fla....
...e” of the fee
petition. Every dollar the co-personal representatives expend from the
administration of the Estate will reduce her resultant income from the
residuary Trust. As such, Duff-Esformes qualifies as an “interested person”
under section 731.201(23) with standing to contest the petitioned increase in
compensation.
Although the term “interested person” does not include a beneficiary
who has received complete distribution, and it is undisputed that Duff-
Esformes...
...a beneficiary. However, if each trustee is also a
personal representative of the estate, each qualified
beneficiary of the trust as defined in s. 736.01032
shall be regarded as a beneficiary of the estate.
§ 731.201(2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2001 WL 1344073
...Florida Probate Rule 5.100 [1] provides that "[a]ll orders and judgments of the court that finally determine a right or obligation of an interested person may be appealed as provided by Florida Rule of Appellate Procedure 9.110(a)(2)." For this reason, this court has jurisdiction. See Fla. R.App. P. 9.110(a)(2); § 731.201(21), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 17644
has subsequently replaced the term executor. § 731.-201(25), Fla.Stat. . It is my wish that my Executor
CopyPublished | Florida 4th District Court of Appeal
...g in the
manner required by the statute and rules.
The Probate Code provides that “‘formal notice’ means a form of notice
that is described in and served by a method of service provided under rule
5.040(a) of the Florida Probate Rules.” § 731.201(18), Fla....
CopyPublished | Supreme Court of Florida
...Subdivision (b)(5) amended to replace
the term “attorney-in-fact” with “agent” to reflect 2011 enactment of section
709.2102(1), Florida Statutes.
Statutory References
- 14 -
§
709.2102(1), Fla. Stat. Definitions.
§
731.201(23), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 22277
...y devisee” in section 732.-604(2), Florida Statutes (1977), and (b) the determination of what the residue was in this case and the effect of that determination. Having reviewed those responses and re-examined the definition of “beneficiary” in section 731.201(2), Florida Statutes (1977), 5 we have reached the following conclusions: 1....
...rest in it. To reach this conclusion we have engaged in what we believe to be logical statutory construction; namely, reading section 732.-604(2) in pari materia with section 731.-201(2), as it was intended by the legislature, and not literally with section
731.201(9), as such clearly was not the legislative intent. The net result is that section
732.604(2) applies and controls. The term “devisees,” as used in section
732.604, plainly was not intended to refer to trustees as used in section
731.201(9), but to beneficiaries as used in section
731.201(2)....
...requires more than one residuary devisee before it applies.) Such result is contrary to the rule of construction in section 732.-6005, Florida Statutes (1977). 7 Second, assuming there were two trustees as “devi-sees” of the residue pursuant to section 731.201(9), they still would not be the “residuary devisees” under a will designating several beneficiaries of the residue....
...732.603, if the residue is devised to two or more persons and the share of one of the residuary devi-sees fails for any reason, his share passes to the other residuary devisee, or to the other residuary devisees in proportion to their interests in the residue. . Section 731.201(9), Florida Statutes (1977), provides: “Devisee” means a person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee of a trust described by will, the trust or trustee is the devisee. The beneficiaries of the trust are not devisees. . Section 731.201(2), Florida Statutes (1977), provides: “Beneficiary” means heir at law, in an intestate estate; devisee, in a testate estate; and the owner of a beneficial interest, in a trust....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5860, 1997 WL 280631
...interested” in the estate, and that he is not an “interested” party under the statute. We agree. An “interested person” is “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” § 731.201, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 2270124, 2017 Fla. App. LEXIS 7403
...And it is beyond dispute that Marshall
was an interested party as defined under the probate code, both as a former personal
representative at the time the fees were incurred and as a current beneficiary of Leon's
-7-
estate. See § 731.201(23), Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4648, 1991 WL 82515
...The term does not include an heir at law or a devisee who has received his distribution. The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings. § 731.201(21), Fla.Stat....
...w the form and procedure pertaining to revocation of probate. Section
733.109(1), Florida Statutes (1989), provides that any “interested person” may petition the court for revocation of probate. *830 But is petitioner an “interested person?” Section
731.201(21), Florida Statutes (1989), suggests that he is....
...It also includes persons having priority for appointment as personal representative and other fiduciaries representing interested persons. The meaning, as it relates to particular persons, may vary from time to time ánd must be determined according to the particular purpose of, and matter involved in, any proceeding. § 731.201, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 2101226, 2014 Fla. App. LEXIS 7634
MAY, J. A father appeals a probate order determining that the son’s ashes were not “property” as defined by section 731.201(32), Fla....
...The father argues the trial court improperly relied on cases from other states with statutes that do not contain the same definition of “property” as Florida’s Probate Code. He argues that the ashes fit within the plain meaning of “property” as defined by section 731.201(32)....
...(1856) (historical note on the law of burial by the Honorable Samuel B. Ruggles, Referee) Fast forward to today. Our probate code defines “property” as “both real and personal property or any interest in it and anything that may be the subject of ownership.” § 731.201(32), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 6880, 2012 WL 1521541
...The specific content of the will must be proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness. The term “will,” as used in the statute, includes a codicil. See § 731.201(40), Fla....
...not disinterested witnesses. The probate court concluded that the Co-Personal Representatives could not qualify as disinterested witnesses because the personal representative of an estate is specifically deemed to be an “interested person” under section 731.201(23)....
...expected to be affected by the outcome of the particular proceeding involved. In any proceeding affecting the estate or the rights of a beneficiary in the estate, the personal representative of the estate shall be deemed to be an interested person. § 731.201(23) (emphasis added)....
...disinterested witnesses” under section
733.207 because each of them was deemed an “interested person” under the Probate Code. Once again, we disagree. There is a significant distinction between the concept of an “interested person” under section
731.201(23) and the concept of “disinterested witnesses” as used in section
733.207....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...Editorial change. 2002 Revision: Reference to rule 1.410 transferred to subdivision (a) from former rule 5.070. Subdivision (b) amended to give court discretion to assess attorneys’ fees. Subdivision (c) added. Committee notes revised. Statutory References § 731.201(21), Fla....
...roperty. Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces “homestead” with “protected homestead” in (a)(7) to conform to addition of term in section 731.201(29), Florida Statutes....
...n administration is not required. Self proof of wills is governed by the Florida Statutes. Former subdivision (a)(4) amended and transferred to new rule 5.215. Former subdivision (a)(5) amended and transferred to new rule 5.216. Statutory References § 731.201, Fla....
...ertain revocable trusts as defined by Florida statute. Editorial changes. 2002 Revision: Procedures for notifying creditors are now governed by new rule 5.241, Committee notes revised. Statutory References § 731.111, Fla. Stat. Notice to creditors. § 731.201(21), Fla....
...Citation form changes in committee notes. 2002 Revision: Subdivision (c) added to implement procedure formerly found in section
733.105(2), Florida Statutes. Committee notes revised. Statutory References Ch. 49, Fla. Stat. Constructive service of process. §
731.201(21), Fla....
...etition, description of any homestead property, and definition of specific interests of persons entitled to homestead real property. 2002 Revision: Replaces “homestead” with “protected homestead” throughout to conform to áddition of term in section
731.201(29), Florida Statutes. Committee notes revised. Constitutional Reference Art. X, § 4, Fla. Const. Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(29), Fla....
...Committee notes revised. Citation form changes in committee notes. 2002 Revision: Entire rule amended. Contents of accountings by removed fiduciaries are now governed by rule 5.346. Editorial changes in (a), (c), and (d). Committee notes revised. Statutory References § 731.201(21), Fla....
...1988 Revision: Editorial change in caption of (a). Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces “homestead” with “protected homestead” in (a)(2) to conform to addition of term in section 731.201(29), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3490, 1990 WL 64114
...Furthermore, there are several provisions which indicate that section
732.402 property is subject to administration: 1. Section
732.402(1) indicates that section
732.402 property is a “share of the estate” that is simply designated as “exempt property.” 2. Section
731.201(12) defines “estate” as the property of the decedent that is the subject of administration....
...Section
732.402(6) indicates that property of the estate becomes exempt only if a petition is filed to establish the exemption; failure to file the petition within prescribed time limits constitutes a waiver or the right to receive exempt property. Section
731.201(13), Florida Statutes (1987), defines “exempt property” as “the property of a decedent’s estate which is described in s.
732.402.” “Estate” is defined in section
731.201(12) as “property of a decedent that is the subject of administration.” Section
732.402 describes exempt property as specific articles of the decedent’s personal property which, subject to some value limitations, is claimed as ex...
...section 732.207; we cannot make either of these inferences. The formula for determining the amount of the elective share is: ES = .30 [PA - (VC + L) 1 Where: ES = Elective Share (sections
732.201 - .215). PA = Probate Assets or estate as defined in section
731.201(12) except real property not located in Florida (section 732.206). VC = Valid Claims or claims as defined in section
731.201(4) and as set forth in section 732.207(1)....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15805
...t 14, 1978. The personal representative made a motion to strike the claim of Whitley, which was denied by the trial court. The thrust of the personal representative’s argument is that there is an inherent conflict between Section
733.702(1)(a) and Section
731.201(4), Florida Statutes (1977)....
...Section
733.702(l)(a) provides: No claim or demand against the decedent’s estate that arose before the death of the decedent . . . shall be binding on the estate . . . unless presented . . . [wjithin 3 months from the time of the first publication of the notice of administration [emphasis added] While it is true that Section
731.201(4) defines claims as including funeral expenses, this section should not control. Section
731.201(4) is a general definitional section which is not determinative of the present controversy in view of the more specific provisions contained in Section 733.-702(1)(a)....
CopyPublished | Florida 3rd District Court of Appeal
...The term does not include
a beneficiary who has received complete distribution. The
meaning, as it relates to particular persons, may vary from time
to time and must be determined according to the particular
purpose of, and matter involved in, any proceedings.
§ 731.201(23), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 1884, 1990 WL 31733
...is merely “a share of the estate of the decedent.” §
732.401(1), Fla. Stat. (1987). Moreover, “exempt property” is defined for general purposes of the probate code as “property of a decedent’s estate which is described in s.
732.402.” §
731.201(13), Fla.Stat. (1987). An estate includes only “property of a decedent that is the subject of administration.” §
731.201(12), Fla.Stat....
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4747
representative other than as a creditor or purchaser’. Section 731.-201(10) Florida Statutes (1975). Such definition
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 3458, 2006 WL 566200
...s prosecuted or defended by the estate. Thus, unless'Appellant is the “sole interested person,” as defined by law, he is precluded from maintaining this appeal without counsel. See, Dimitroff v. Taylor,
651 So.2d 131 (Fla. 2d DCA 1995). See also §
731.201(21), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...d to
3 We reject Mr. Nelson's claim that Property Solutions failed to
preserve the notice issue for appeal.
4
the property thereby devised." Fla. Prob. R. 5.510(d). This includes
intestate heirs. See § 731.201(2), (23), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 7935, 2004 WL 1224704
...An “interested person” is defined as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. In any proceeding affecting the estate or the rights of a beneficiary in the estate, the personal representative of the estate shall *44 be deemed an interested person.” § 731.201(21), Fla....
CopyPublished | District Court of Appeal of Florida
outcome of the particular proceeding involved.” See §
731.201(23), Fla. Stat. (2022).
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in rule and committee notes. 2003 Revision: Committee notes revised. Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201, Fla....
...notice. 2003 Revision: Committee notes revised. Statutory References §
1.01(3), Fla. Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. §
731.105, Fla. Stat. In rem proceeding. §
731.201(16), (20), Fla....
...2000 Revision: Subdivision (b) amended to clarify requirements for service of pleadings and papers. Subdivision (e) amended to clarify date of filing. Editorial changes in subdivision (f). 2003 Revision: Committee notes revised. Statutory References § 731.201, Fla....
...1988 Revision: Captions added to subdivisions. Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.201, Fla....
...2002 Revision: Addition of phrases in subdivision (j) to add references to wills probated in Florida where the original is in the possession of a foreign official. Editorial changes. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 731.201(21), Fla....
...y. Committee notes revised. *1094 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces “homestead” with “protected homestead” in (a)(7) to conform to addition of term in section 731.201(29), Florida Statutes....
...Self-proof of wills is governed by the Florida Statutes. Former subdivision (a)(4) amended and transferred to new rule 5.215. Former subdivision (a)(5) amended and transferred to new rule 5.216. 2003 Revision: Committee notes revised. Statutory References § 731.201, Fla....
...Editorial changes. 2002 Revision: Procedures for notifying creditors are now governed by new rule 5.241. Committee notes revised. 2003 Revision: Change in title of (a) to reflect elimination of publication of notice. Committee notes revised. Statutory References § 731.201(21), Fla....
...Committee notes ex *1103 panded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.107, Fla. Stat. Adversary proceedings. § 731.201(21), Fla....
...It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. *1120 1996 Revision: Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 731.201(21), Fla....
...2003 Revision: Change in subdivision (c) to replace “heirs or devisees” with “benefi *1125 ciaries” to incorporate term used in section
733.105, Florida Statutes. Committee notes revised. Statutory References ch. 49, Fla. Stat. Constructive service of process. §
731.201(2), (21), Fla....
...1996 Revision: Addition in (a)(4) of specific attorney fee compensation disclosure requirements found in §
733.6171(9), Florida Statutes, and expanded to cover all compensation. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References §
731.201(10), (21), Fla....
...1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (d) amended to clarify that 90-day period pertains to service of hearing notice, not the actual hearing date. 2003 Revision: Committee notes revised. Statutory References § 731.201(10), (21), Fla....
...petition, description of any homestead property, and definition of specific interests of persons entitled to homestead real property. 2002 Revision: Replaces “homestead” with “protected homestead” throughout to conform to addition of term in section
731.201(29), Florida Statutes. Committee notes revised. 2003 Revision: Committee notes revised. Constitutional Reference Art. X, § 4, Fla. Const. Statutory References §
731.104, Fla. Stat. Verification of documents. *1130 §
731.201(29), Fla....
...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Rule completely revised to comply with statutory changes. Committee notes revised. Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(21), Fla....
...Citation form changes in committee notes. 2002 Revision: Entire rule amended. Contents of accountings by removed fiduciaries are now governed by rule 5.346. *1136 Editorial changes in (a), (c), and (d). Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 731.201(21), Fla....
...1988 Revision: Editorial change in caption of (a). Committee notes revised. *1143 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces “homestead” with “protected homestead” in (a)(2) to conform to addition of term in section 731.201(29), Florida Statutes....
CopyPublished | District Court of Appeal of Florida
of, and matter involved in, any proceedings.” §
731.201(23), Fla. Stat. In a probate proceeding, a person
CopyPublished | Supreme Court of Florida
...New subdivision (d) created and the contents of former
subdivision (c) moved to subdivision (d). Subdivision (c) created to
clarify notice under the rule. Committee notes revised.
Constitutional Reference
[No Change]
Statutory References
§
731.104, Fla. Stat. Verification of documents.
§
731.201(33), Fla....
CopyPublished | Florida 6th District Court of Appeal
...Griffin challenges the trial court’s order overruling his objection to
the proposed admission of a will to probate. The trial court correctly determined
Griffin lacks standing to challenge the admission, which also means he is not an
“interested person” under the Probate Code. See § 731.201(23), Fla....
...the particular proceeding involved. . . . The meaning, as it
relates to particular persons, may vary from time to time
and must be determined according to the particular
purpose of, and matter involved in, any proceedings.
§ 731.201(23), Fla....
...3d at 946). We must consider these words in context, “exhaust[ing] all the
textual and structural clues that bear on the meaning of a disputed text.” Conage v.
United States,
346 So. 3d 594, 598 (Fla. 2022) (internal quotations marks omitted)).
Section
731.201(23) dictates that we must determine whether a person is an
“interested person” according to a proceeding’s purpose and subject matter.
“Florida’s Probate Code serves many purposes....
...1938) (explaining
that Probate Code “should be interpreted and applied so as to facilitate the settlement
of estates in the interest of the public welfare, without unreasonably [or] unduly
restricting the rights of creditors of such estates”)). Indeed, section 731.201(23)
identifies an estate’s personal representative as an interested person, who is always
4
involved in the settlement of a decedent’s estate....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See Fla. Prob. R. 5.190 and 5.540 and also §§
731.201 and
744.102, Fla....
...Subdivisions (b)(5) through (b)(7) added to reflect 2008 amendments to section
393.12, Florida Statutes. Committee notes revised. Statutory References §
1.01, Fla. Stat. Definitions. §
393.063, Fla. Stat. Definitions. §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.201, Fla....
...Citation form changes in rule and committee notes. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.104, Fla. Stat. Verification of documents. §
731.201, Fla....
...Statutory References §
1.01(3), Fla. Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.105, Fla. Stat. In rem proceeding. §
731.201(18), (22), Fla....
...Stat. Proceedings relating to children. ch. 48, Fla. Stat. Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; custody. ch. 63, Fla. Stat. Adoption. §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.201, Fla....
CopyPublished | Florida 4th District Court of Appeal
...bequeathing his membership interest to his children as vested residual
beneficiaries.
The Florida Probate Code broadly defines the probate “estate” as
encompassing the decedent’s property “that is the subject of
-6-
administration.” § 731.201(14), Fla. Stat. (2011). In deciphering a probate
estate’s parameters, the deciding factor is the decedent’s ownership
interest in property. § 731.201(32), Fla....
CopyPublished | District Court of Appeal of Florida | 2000 Fla. App. LEXIS 42, 2000 WL 4824
...ply, and Florida Statutes section
733.109(1) permitted a petition for revocation to be filed at any time prior to the discharge of the personal representatives. The Florida Probate Code defines a will as “ an instrument, including a codicil ...” §
731.201(35), Fla....
CopyPublished | District Court of Appeal of Florida
and matter involved in, any proceedings. §
731.201(23), Fla. Stat. (2013). In the present case, the
CopyPublished | Supreme Court of Florida
...documents consistent with section
732.526, Florida Statutes. Committee notes
revised.
Statutory References
§
1.01, Fla. Stat. Definitions.
§
393.063, Fla. Stat. Definitions.
§
393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§
731.201, Fla....
...[No Changes]
Rule History
2012 Revision: New Rule.
2020 Revision: Added reference to deposit of electronic wills consistent
with section
732.526, Florida Statutes. Committee notes revised.
Statutory References
§
731.201(16), (40), Fla....
...2014 Revision: Subdivision (c) amended to conform to Fla. R. Jud.
Admin.Florida Rule of Judicial Administration 2.425. Committee notes revised.
2020 Revision: Committee notes revised. Citation form changes in
committee notes.
Statutory References
§ 731.201(23), Fla....
...2014 Revision: Subdivision (a)(3) amended to conform to Fla. R. Jud.
Admin.Florida Rule of Judicial Administration 2.425. Committee notes revised.
2020 Revision: Committee notes revised. Citation form changes in
committee notes.
Statutory References
§ 731.201, Fla....
CopyPublished | Florida 6th District Court of Appeal
...The term “claim,” as used in section
733.702, is defined as “a liability of the
decedent, whether arising in contract, tort, or otherwise, and funeral expense. The
term does not include an expense of administration or estate, inheritance, succession,
or other death taxes.” §
731.201(4), Fla....
CopyPublished | Florida 5th District Court of Appeal
...ned
and sealed for delivery. Other provisions of rule 1.070 set forth details
regarding service of process and filing proof that service was accomplished.
Despite this requirement, Appellee neither obtained nor served a summons
on anyone.
Section 731.201(23), Florida Statutes (2022), defines “interested
person” as “any person who may reasonably be expected to be affected by
the outcome of the particular proceeding involved.”3 In its order denying
Appellant’s motion to set...
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 1539, 2004 WL 256431
...he successor personal representative by Magnolia Manor, the sole beneficiary. Siegel moved to dismiss, contending that Mann lacked standing in his own right to file a petition for administration as he was not an “interested party”, as defined by section 731.201(21), Florida Statutes (2002)....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...ervice. 2006 Revision: Committee notes revised. Statutory References §
1.01(3), Fla. Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. §
731.105, Fla. Stat. In rem proceeding. §
731.201(16), (20), Fla....
...Editorial changes in subdivision (f). 2003 Revision: Committee notes revised. 2005 Revision: Changes in subdivisions (b) and (f) to clarify service requirements, and editorial changes in (e). 2006 Revision: Committee notes revised. Statutory References § 731.201, Fla....
...2002 Revision: Reference to rule 1.410 transferred to subdivision (a) from former rule 5.070. Subdivision (b) amended to give court discretion to assess attorneys’ fees. Subdivision (c) added. Committee notes revised. 2006 Revision: Committee notes revised. Statutory References § 731.201(21), Fla....
...tutes, and expanded to cover all compensation. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (f) deleted to avoid duplication with rule 5.180. 2006 Revision: Committee notes revised. Statutory References § 731.201(10), (21), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 20894, 2012 WL 6027769
...As counsel is not a member of The Florida Bar, these pleading [sic] constitutes the unauthorized practice of law and are a nullity. The trial court never reached the issue of whether Bovino was an “interested person” under Florida Probate Rule 5.685(b), section 731.201(23), Florida Statutes (2011), or otherwise, and we do not consider, address, or comment on that issue here....
CopyPublished | Supreme Court of Florida
...Subdivision (b)(5) amended to replace
the term “attorney-in-fact” with “agent” to reflect 2011 enactment of section
709.2102(1), Florida Statutes.
Statutory References
- 15 -
§
709.2102(1), Fla. Stat. Definitions.
§
731.201(23), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 12882, 1996 WL 713996
...Teague argues that the attorney’s fees awarded to her under section
768.79, Florida Statutes (1995) are a Class 1 claim rather *295 than a Class 8 expense because the award to Teague is not a “claim” as provided under section
733.707. To support her argument, Teague points to subsection
731.201(4) of the Florida Probate Code which defines “claim” as: liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses....
...Teague is correct that the attorney’s fees award is not a “liability of the decedent” because it arose after the decedent’s death. See In re Estate of Kulow,
439 So.2d 280, 282 (Fla. 2d DCA 1983) (finding that cause of action was not a liability of the decedent within the meaning of subsection
731.201(4) where it did not exist until after decedent’s death). We believe, as this court must have found in Tillman v. Smith,
533 So.2d 928 (Fla. 5th DCA 1988), that the definition of “claim” contained in subsection
731.201(4) is not applicable to the reference to “claims” found in paragraph
733.707(l)(h)....
...lu-sio alterius). Peeples v. State,
46 Fla. 101 ,
35 So. 223 (1903). The attorney fees at issue must fall within Class 7, 3 not Class 1. See Sessoms v. Johnson,
378 So.2d 1260 (Fla. 5th DCA 1980). Id. (footnote added). We find it significant that subsection
731.201(4) was in effect when this court’s Tillman....
...Apparently, Teague made an offer of judgment which Puckett rejected, and thus, Teague was due attorney's fees and costs after she prevailed in the litigation. . The language in paragraph
733.707(l)(h) regarding "Class 8” expenses was previously located under "Class 7.” See §
733.707(1), Fla. Stat. (1993). . Subsection
731.201(4) took effect January 1, 1976. See §
731.201(4), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 12466, 2017 WL 3727050
...Guardianship of Thompson,
952 So.2d 498, 505 (Fla. 2006). 1 An interested *933 person may seek revocation of probate. See §
733.109(1), Fla. Stat. (2014). An interested person is “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” §
731.201(23), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 11720, 2016 WL 4132660
...urt, by any surety or other interested person, or by the ward, and formal notice of the petition for removal of a guardian must be served on all guardians, other interested persons, next of kin, and the ward. Fla. Prob. R. 5.660(a) (emphasis added). Section 731.201(23), Florida Statutes (2014), defines an “interested person” as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” The statute further provides that “[t]he meanin...
CopyPublished | Supreme Court of Florida
...This will provide clarity for both practitioners
and courts regarding the basis of the waiver.
Next, we amend subdivision (d) (Order) to remove references to
“of the decedent” when referring to homestead. That language is
not included in the definition of “protected homestead” in section
731.201(33), Florida Statutes, the general definitions provision in
the Probate Code.
Last, a new revision note is added for these amendments to
detail the adopted changes, and two of the rule references are
reordered to place them...
...he petition
to include whether the decedent died testate or intestate and to
detail the method through which the surviving spouse waived
homestead rights, if the surviving spouse waived homestead rights.
Amends subdivision (d) to avoid conflict with section 731.201(33),
Florida Statutes....
CopyPublished | District Court, S.D. Florida | 1986 U.S. Dist. LEXIS 21146
...See also In Re Colony Square Company,
779 F.2d 653 , 655 (11th Cir.1986) . The fiduciaries in Estate of Max Lieber were executors of an estate. Thus, they were governed by the provisions of the Probate Code. See supra note 7 and accompanying text. . See Fla.Stat. §
731.201(32) ....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13250, 2011 WL 3678004
...Admitting Will to Probate," filed below on November 23, 2010. Fla. R. App. P. 9.110(b). Further, the subsequently issued "Letters of Administration" is not an appealable order that finally determines a right or obligation of an interested party. See § 731.201(24), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 11220, 2017 WL 3279134
...son may
petition to revoke the probate of the earlier will or to probate the later will
or codicil.” An “interested person” is “any person who may reasonably be
expected to be affected by the outcome of the particular proceeding
involved.” § 731.201(23), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 12877, 2011 WL 3587411
...Long then argues that the court cannot so appoint Ms. Willis because section
733.301(3)(a) excludes from the class of “capable person[s]” a person “[w]ho works for, or holds public office under, the court.” The Florida Probate Code defines “[cjourt” as “the circuit court.” §
731.201(7), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 4081055, 2013 Fla. App. LEXIS 12655
...The nursing home argues that the court erred in dismissing the petition based on the court’s findings that: (1) the nursing home’s claim against the decedent’s estate *110 was untimely pursuant to section
733.710(1), Florida Statutes (2011); and (2) the nursing home was not an “interested person” pursuant to section
731.201(23), Florida Statutes (2011)....
...distributed to the beneficiaries.”). In the petition, the nursing home alleged that because it had filed claims against both the New York domiciliary estate and the Bro-ward County ancillary estate, it was an “interested person” as defined in section 731.201(23), Florida Statutes (2011) (“ ‘Interested person’ means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.”)....
...rida Statute
734.102(7) states “No property shall be sold, leased, or mortgaged to pay a debt or claim that is barred by any statute of limitation or of nonelaim of this state.” As such, [the nursing home] is not an interested person pursuant to
731.201(23)....
...The nursing home argues that the circuit court erred in dismissing the petition based on the court’s findings that: (1) the nursing home’s claim was untimely pursuant to section
733.710(1); and (2) the nursing home was not an “interested person” pursuant to section
731.201(23)....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 11727, 2004 WL 1779074
...It is this order, which was entered in May 2003, which claimant has appealed, but his primary argument is that the court erred in approving the wrongful death settlement a year earlier. The estate argues that claimant is not an “interested person” under section 731.201(21), Florida Statutes (2002), which defines interested person as: any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.......
CopyPublished | Florida 5th District Court of Appeal
...y
estate, Black’s Law Dictionary (11th ed. 2019). Accordingly, the
testamentary trust was Decedent’s residual beneficiary. A residuary
beneficiary is a devisee of all assets remaining after the estate’s obligations
are satisfied. § 731.201(2), (35), Fla....
...“‘Protected homestead’ means the property described in § 4(a)(1),
Art. X of the State Constitution on which at the death of the owner the
exemption inures to the owner’s surviving spouse or heirs under § 4(b), Art.
X of the State Constitution.” § 731.201(30).
7
1989) (“Homestead property, whether devised or not, passes outside of the
probate estate.”)....
CopyPublished | Florida 2nd District Court of Appeal
...plied it to this case,
1 The supreme court in Hayes also discussed who might qualify as
an "interested person," presuming that a written request for notice has
been filed. In reliance on the statutory definition of an "interested
person" in section 731.201(21), Florida Statutes (2006), the court
reasoned that the definition requires courts "to evaluate the nature of
both the proceeding and the interest asserted," meaning who qualifies as
an interested person "may vary as the circumstances of the guardianship
change." Hayes, 952 So....
CopyPublished | Florida 4th District Court of Appeal
...Florida, this
1 While appellants claim that appellee had no standing to intervene, we disagree.
An “‘[i]nterested person’ means any person who may reasonably be expected to
be affected by the outcome of the particular proceeding involved.” § 731.201(23),
Fla....
...Cuevas v. Kelly,
873 So. 2d 367, 371 (Fla. 2d DCA 2004) (emphasis
supplied). Thus, a Florida court’s determination of domicile does not
relieve the court of jurisdiction over a decedent’s estate when the decedent
owns property in this State.
Section
731.201(13), Florida Statutes (2023), defines “domicile” as “a
person’s usual place of dwelling and shall be synonymous with residence.”
Residence, in turn, is defined as “a person’s place of dwelling.” §
731.201(34), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Golden
Pond Assisted Living Facility,
905 So. 2d 1002, 1006 (Fla. 5th DCA 2005).
2
An “interested person” is “any person who may reasonably be expected to
be affected by the outcome of the particular proceeding involved.” §
731.201(23), Fla....
CopyPublished | District Court of Appeal of Florida
Florida Statutes, Florida’s Probate Code. Section
731.201(23) of the Florida Statutes (2021) defines
CopyPublished | Florida 3rd District Court of Appeal
...Absent any proper finding disregarding the corporate
form, no basis exists to include the Casa del Mar property as an estate asset.
2
(explaining that an heir at law, including a surviving spouse, qualifies as an
“interested person”); see also § 731.201(23), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 5535, 2005 WL 924264
...there is no surviving spouse or minor children. Art. X, § 4(c), Fla. Const. (1968). Homestead property may be devised through the residuary clause of a will, and it maintains its homestead status if it is devised to someone designated as an heir in section 731.201(18), Florida Statutes (2002)....
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 924314
...in s. 737.303(4)(b) shall be regarded as a beneficiary of the estate. (18) "Heirs" or "heirs at law" means those persons, including the surviving *918 spouse, who are entitled under the statutes of intestate succession to the property of a decedent. § 731.201, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 1997 WL 186261
...In that case, as here, the decedent was survived by a child, but she devised her homestead to her grandchild. When determining whether the property retained its homestead status under those circumstances, this court turned to the definitional section of the Probate Code. *236 Section 731.201(18) defines "heirs" as "those persons ......
...eat public importance: WHETHER ARTICLE X, SECTION 4, OF THE FLORIDA CONSTITUTION EXEMPTS FROM FORCED SALE A DEVISE OF A HOMESTEAD BY A DECEDENT NOT SURVIVED BY A SPOUSE OR MINOR CHILD TO A LINEAL DESCENDANT WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201(18), FLORIDA STATUTES (1993)? After we decided Davis, the First District ruled to the contrary in a case very similar factually to the case sub judice, determining that the intent of the homestead exemption is to protect a decedent's homestead from his or her creditors for the benefit of the decedent's heirs....
CopyPublished | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 9216, 1993 WL 127096
...which provides in pertinent part that: The trustee shall keep the beneficiaries of the trust reasonably informed of the trust and its administration. In addition: (2) Upon reasonable request, the trustee shall provide a beneficiary as defined under ss.
731.201 and
731.303 with a copy of the trust instrument that describes or affects his interest....
...Florida Statutes § 737.303 (1991) (emphasis provided). Plaintiff claims that Ms. Williams is, at least, a beneficiary within the meaning of the statutes, which provide that an “owner of a beneficial interest in a trust” is a beneficiary of that trust. Fla.Stat. § 731.201 (1991)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 24, 2024
...To establish that an individual retains property interests
after death, the estate relies on a single provision of Florida law that
defines the “estate” as “the property of a decedent that is the sub-
ject of administration.” Fla. Stat. § 731.201(14)....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 4666, 2011 WL 1195873
...The note is the only asset of the estate and it can only be forgiven to the extent that it is not needed to pay the estate's debts and expenses. Several sections of the probate code support the conclusion that a devise cannot be elevated over administrative expenses and the rights of creditors. Section
731.201(10), Florida Statutes (2007), provides that "[a] devise is subject to charges for debts, expenses, and taxes[.]" Section
733.805(1) provides that "[f]unds or property designated by the will shall be used to pay debts, family allowance...
...[3] "`Devise,' when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will or trust. The term includes `gift,' `give,' `bequeath,' `bequest,' and `legacy.'" § 731.201(10), Fla....
