Florida Statute 731.201 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 731
PROBATE CODE: GENERAL PROVISIONS

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F.S. 731.201

731.201 General definitions.—Subject to additional definitions in subsequent chapters that are applicable to specific chapters or parts, and unless the context otherwise requires, in this code, in s. 409.9101, and in chapters 736, 738, 739, and 744, the term:

(1) “Authenticated,” when referring to copies of documents or judicial proceedings required to be filed with the court under this code, means a certified copy or a copy authenticated according to the Federal Rules of Civil Procedure.

(2) “Beneficiary” means heir at law in an intestate estate and devisee in a testate estate. The term “beneficiary” does not apply to an heir at law or a devisee after that person’s interest in the estate has been satisfied. In the case of a devise to an existing trust or trustee, or to a trust or trustee described by will, the trustee is a beneficiary of the estate. Except as otherwise provided in this subsection, the beneficiary of the trust is not a beneficiary of the estate of which that trust or the trustee of that trust is a beneficiary. However, if each trustee is also a personal representative of the estate, each qualified beneficiary of the trust as defined in s. 736.0103 shall be regarded as a beneficiary of the estate.

(3) “Child” includes a person entitled to take as a child under this code by intestate succession from the parent whose relationship is involved, and excludes any person who is only a stepchild, a foster child, a grandchild, or a more remote descendant.

(4) “Claim” means 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.

(5) “Clerk” means the clerk or deputy clerk of the court.

(6) “Collateral heir” means an heir who is related to the decedent through a common ancestor but who is not an ancestor or descendant of the decedent.

(7) “Court” means the circuit court.

(8) “Curator” means a person appointed by the court to take charge of the estate of a decedent until letters are issued.

(9) “Descendant” means a person in any generational level down the applicable individual’s descending line and includes children, grandchildren, and more remote descendants. The term “descendant” is synonymous with the terms “lineal descendant” and “issue” but excludes collateral heirs.

(10) “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.” A devise is subject to charges for debts, expenses, and taxes as provided in this code, the will, or the trust.

(11) “Devisee” means a person designated in a will or trust to receive a devise. Except as otherwise provided in this subsection, in the case of a devise to an existing trust or trustee, or to a trust or trustee of a trust described by will, the trust or trustee, rather than the beneficiaries of the trust, is the devisee. However, if each trustee is also a personal representative of the estate, each qualified beneficiary of the trust as defined in s. 736.0103 shall be regarded as a devisee.

(12) “Distributee” means a person who has received estate property from a personal representative or other fiduciary other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increments to them remaining in the trustee’s hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee. For purposes of this provision, “testamentary trustee” includes a trustee to whom assets are transferred by will, to the extent of the devised assets.

(13) “Domicile” means a person’s usual place of dwelling and shall be synonymous with residence.

(14) “Estate” means the property of a decedent that is the subject of administration.

(15) “Exempt property” means the property of a decedent’s estate which is described in s. 732.402.

(16) “File” means to file with the court or clerk.

(17) “Foreign personal representative” means a personal representative of another state or a foreign country.

(18) “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.

(19) “Grantor” means one who creates or adds to a trust and includes “settlor” or “trustor” and a testator who creates or adds to a trust.

(20) “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.

(21) “Incapacitated” means a judicial determination that a person lacks the capacity to manage at least some of the person’s property or to meet at least some of the person’s essential health and safety requirements. A minor shall be treated as being incapacitated.

(22) “Informal notice” or “notice” means a method of service for pleadings or papers as provided under rule 5.040(b) of the Florida Probate Rules.

(23) “Interested person” means 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 to be an interested person. In any proceeding affecting the expenses of the administration and obligations of a decedent’s estate, or any claims described in s. 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. 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.

(24) “Letters” means 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. All letters shall be designated “letters of administration.”

(25) “Minor” means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise.

(26) “Other state” means any state of the United States other than Florida and includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(27) “Parent” excludes any person who is only a stepparent, foster parent, or grandparent.

(28) “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.

(29) “Petition” means a written request to the court for an order.

(30) “Power of appointment” means an authority, other than as an incident of the beneficial ownership of property, to designate recipients of beneficial interests in property.

(31) “Probate of will” means all steps necessary to establish the validity of a will and to admit a will to probate.

(32) “Property” means both real and personal property or any interest in it and anything that may be the subject of ownership, including causes of action of the estate and causes of action the decedent had at the time of death.

(33) “Protected homestead” means the property described in s. 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 s. 4(b), Art. X of the State Constitution. For purposes of the code, real property owned in tenancy by the entireties or in joint tenancy with rights of survivorship is not protected homestead.

(34) “Residence” means a person’s place of dwelling.

(35) “Residuary devise” means a devise of the assets of the estate which remain after the provision for any devise which is to be satisfied by reference to a specific property or type of property, fund, sum, or statutory amount. If the will contains no devise which is to be satisfied by reference to a specific property or type of property, fund, sum, or statutory amount, “residuary devise” or “residue” means a devise of all assets remaining after satisfying the obligations of the estate.

(36) “Security” means a security as defined in s. 517.021.

(37) “Security interest” means a security interest as defined in s. 671.201.

(38) “Trust” means an express trust, private or charitable, with additions to it, wherever and however created. It also includes a trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust. “Trust” excludes other constructive trusts, and it excludes resulting trusts; conservatorships; custodial arrangements pursuant to the Florida Uniform Transfers to Minors Act; business trusts providing for certificates to be issued to beneficiaries; common trust funds; land trusts under s. 689.071, except to the extent provided in s. 689.071(7); trusts created by the form of the account or by the deposit agreement at a financial institution; voting trusts; security arrangements; liquidation trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another.

(39) “Trustee” includes an original, additional, surviving, or successor trustee, whether or not appointed or confirmed by court.

(40) “Will” means a testamentary instrument, including a codicil, executed by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or guardian or revokes or revises another will. The term includes an electronic will as defined in s. 732.521.

History.—s. 1, ch. 74-106; s. 4, ch. 75-220; s. 1, ch. 77-174; s. 2, ch. 85-79; s. 66, ch. 87-226; s. 1, ch. 88-340; s. 7, ch. 93-257; s. 6, ch. 95-401; s. 949, ch. 97-102; s. 52, ch. 98-421; s. 11, ch. 2001-226; s. 106, ch. 2002-1; s. 2, ch. 2003-154; s. 2, ch. 2005-108; s. 29, ch. 2006-217; s. 3, ch. 2007-74; s. 8, ch. 2007-153; s. 1, ch. 2009-115; s. 4, ch. 2010-132; s. 1, ch. 2012-109; s. 16, ch. 2013-172; s. 30, ch. 2019-71; s. 2, ch. 2020-67.

Note.—Created from former s. 731.03.

F.S. 731.201 on Google Scholar

F.S. 731.201 on CourtListener

Amendments to 731.201

Annotations, Discussions, Cases:

Cases Citing Statute 731.201

Total Results: 186

Berges v. Infinity Ins. Co.

896 So. 2d 665, 29 Fla. L. Weekly Supp. 679, 2004 Fla. LEXIS 2099, 2004 WL 2609255

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 2451741

Cited 112 times | Published

into settlements of wrongful death actions"); § 731.201, Fla. Stat. (1989) (defining letters of administration

Public Health Tr. of Dade Cty. v. Lopez

531 So. 2d 946

Supreme Court of Florida | Filed: Jun 9, 1988 | Docket: 543983

Cited 56 times | Published

hand." [6] The term "heirs" is defined by section 731.201(18), Florida Statutes (1985), as those persons

Snyder v. Davis

699 So. 2d 999, 1997 WL 576037

Supreme Court of Florida | Filed: Sep 18, 1997 | Docket: 1694000

Cited 41 times | Published

WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201(18), FLORIDA STATUTES (1993). Id. at 1193.

Hayes v. Guardianship of Thompson

952 So. 2d 498, 2006 WL 3228916

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1703263

Cited 27 times | Published

of, and matter involved in, any proceedings. § 731.201(21), Fla. Stat. (2006). Thus, unlike a ward, a

Spohr v. Berryman

589 So. 2d 225, 1991 WL 188309

Supreme Court of Florida | Filed: Sep 26, 1991 | Docket: 1441305

Cited 23 times | Published

contract, tort, or otherwise, and funeral expenses." § 731.201(4), Fla. Stat. (1985). The nonclaim statute, section

Blatt v. Green, Rose, Kahn & Piotrkowski

456 So. 2d 949

District Court of Appeal of Florida | Filed: Sep 18, 1984 | Docket: 1447592

Cited 22 times | Published

"interested persons" within the meaning of the code. § 731.201(21), Fla. Stat. (1981). Section 733.815 provides

In Re Guardianship of Schiavo

792 So. 2d 551, 2001 WL 770772

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 1735492

Cited 16 times | Published

their viewpoint. See Fla. Prob. R. 5.025(b); § 731.201(21), Fla. Stat. (1997). When the adversary proceeding

Payette v. Clark

559 So. 2d 630, 1990 WL 12769

District Court of Appeal of Florida | Filed: Feb 16, 1990 | Docket: 1525495

Cited 15 times | Published

appellees are "interested persons" in the estate. § 731.201(21), Fla. Stat. (1987). All are required to be

In Re Estate of Tolin

622 So. 2d 988, 18 Fla. L. Weekly Supp. 373, 1993 Fla. LEXIS 1133, 1993 WL 241043

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 1529045

Cited 12 times | Published

person in the manner prescribed by this code." Section 731.201(35), Fla. Stat. (1989). Further, section 732

In Re Estate of Rice

406 So. 2d 469

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1510040

Cited 12 times | Published

732.513(1), Florida Statutes (1977) [compare Section 731.201(9), Florida Statutes (1977)], it was the death

Brigham v. Brigham

11 So. 3d 374, 2009 Fla. App. LEXIS 1501, 2009 WL 454492

District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 1233798

Cited 11 times | Published

required. Appellees argue that pursuant to section 731.201(33), land trusts are excluded from the definition

Bartelt v. Bartelt

579 So. 2d 282, 1991 WL 72015

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 2192550

Cited 10 times | Published

protection from creditors, "devisees" may not. Section 731.201(18), Florida Statutes (1989) defines heirs

United States v. Certain Real Property

724 F. Supp. 908, 1989 U.S. Dist. LEXIS 12904, 1989 WL 129189

District Court, S.D. Florida | Filed: Oct 10, 1989 | Docket: 1034378

Cited 10 times | Published

defendant property, pursuant to Florida Statute Section 731.201(9) which provides as follows: "Devisee means

Wheeler v. Powers

972 So. 2d 285, 2008 WL 160881

District Court of Appeal of Florida | Filed: Jan 18, 2008 | Docket: 2453454

Cited 9 times | Published

of, and matter involved in, any proceedings. § 731.201(21), Fla. Stat. (2003). The statute clearly defines

In Re Estate of Hatcher

439 So. 2d 977

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

Cited 9 times | Published

limitations as discussed above. NOTES [1] Section 731.201(28), Florida Statutes (1981) defines property

Estate of Conger v. Conger

414 So. 2d 230

District Court of Appeal of Florida | Filed: May 4, 1982 | Docket: 1357655

Cited 9 times | Published

nevertheless, does have standing pursuant to Section 731.201(21), Florida Statutes (1979). In re Estate

Wehrheim v. GOLDEN POND ASSISTED LIVING

905 So. 2d 1002, 2005 Fla. App. LEXIS 10133, 2005 WL 1537448

District Court of Appeal of Florida | Filed: Jul 1, 2005 | Docket: 1308004

Cited 8 times | Published

outcome of the particular proceeding involved." § 731.201(21), Fla. Stat. (2003). Golden Pond correctly

In Re Estate of Walters

700 So. 2d 434, 1997 WL 614549

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 1373111

Cited 8 times | Published

devisee of any real or personal property. See § 731.201(2). A devisee is "a person designated in a will

Cason Ex Rel. Saferight v. Hammock

908 So. 2d 512, 2005 WL 1488650

District Court of Appeal of Florida | Filed: Jun 24, 2005 | Docket: 1398191

Cited 7 times | Published

definition of "interested person" is found in section 731.201(21), Florida Statutes (2003), which provides

Funchess v. Gulf Stream Apartments

611 So. 2d 43, 1992 WL 379848

District Court of Appeal of Florida | Filed: Dec 23, 1992 | Docket: 2516807

Cited 7 times | Published

the term "personal representative". However, section 731.201(25) provides: "Personal representative" means

Montgomery v. Cribb

484 So. 2d 73, 11 Fla. L. Weekly 569

District Court of Appeal of Florida | Filed: Mar 5, 1986 | Docket: 1702491

Cited 7 times | Published

by the outcome of the particular proceeding. § 731.201(21), Fla. Stat. (1985). Florida Rule of Probate

In Re Estate of Kulow

439 So. 2d 280

District Court of Appeal of Florida | Filed: Sep 23, 1983 | Docket: 1677820

Cited 7 times | Published

representative." Under general definitions, section 731.201(4) of the Florida Probate Code states: (4)

McKean v. Warburton

919 So. 2d 341, 2005 WL 2155180

Supreme Court of Florida | Filed: Jan 5, 2006 | Docket: 1678549

Cited 6 times | Published

surviving spouse or minor children.[1] Although section 731.201, Florida Statutes (2004), does not define homestead

Cuevas v. Kelly

873 So. 2d 367, 2004 WL 591257

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1732946

Cited 6 times | Published

"residence" is synonymous with the term "domicile." § 731.201(11), Fla. Stat. (2001).

Gordon v. Kleinman

120 So. 3d 120, 2013 WL 4081027, 2013 Fla. App. LEXIS 12730

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233891

Cited 5 times | Published

representative.” § 733.109(1), Fla. Stat. (2009). In section 731.201(23), Florida Statutes (2009), “interested person”

Cutler v. Cutler

994 So. 2d 341, 2008 WL 4057751

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1217430

Cited 5 times | Published

other devises of the property in her will. See § 731.201(8), Fla. Stat. (2003) (defining a devise as a

Monks v. Smith

609 So. 2d 740, 1992 WL 358121

District Court of Appeal of Florida | Filed: Dec 7, 1992 | Docket: 1473969

Cited 5 times | Published

all costs and attorneys' fees in this case. See § 731.201(21), Florida Statutes (1989). We note that Monks

In Re Amendments to the Florida Probate Rules

584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221

Cited 5 times | Published

References § 731.105, Fla. Stat. In rem proceeding. § 731.201(16) and (20), Fla. Stat. General definitions.

Richardson v. Richardson

524 So. 2d 1126, 1988 WL 45215

District Court of Appeal of Florida | Filed: May 12, 1988 | Docket: 1341332

Cited 5 times | Published

within the meaning of those words as defined in section 731.201(21), Florida Statutes, and Fla.R.P. & G.P.

Smith v. Bank of Clearwater

479 So. 2d 755, 10 Fla. L. Weekly 2202

District Court of Appeal of Florida | Filed: Sep 20, 1985 | Docket: 463676

Cited 5 times | Published

statements. A beneficiary of a trust is defined in section 731.201(2) as the owner of a beneficial interest in

In Re Estate of Ballett

426 So. 2d 1196, 1983 Fla. App. LEXIS 19029

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 2510591

Cited 5 times | Published

letters. An interested person is defined in Section 731.201(21), Florida Statutes, as any person who may

In Re Estate of Johnson

359 So. 2d 425

Supreme Court of Florida | Filed: Mar 16, 1978 | Docket: 1735659

Cited 5 times | Published

representative other than as a creditor or purchaser'. Section 731.201(10) Florida Statutes (1975). Such definition

In Re Estate of Johnson

347 So. 2d 785, 1977 Fla. App. LEXIS 16182

District Court of Appeal of Florida | Filed: Jun 24, 1977 | Docket: 1290628

Cited 5 times | Published

representative other than as a creditor or purchaser". Section 731.201(10) Florida Statutes (1975). Such definition

Samuel M. Depriest and Dorothy Depriest v. Richard Greeson, as Personal etc.

213 So. 3d 1022, 2017 WL 672155, 2017 Fla. App. LEXIS 2280

District Court of Appeal of Florida | Filed: Feb 21, 2017 | Docket: 4607233

Cited 4 times | Published

will and governing law); see also § 731.201(14), Fla. Stat. (2013) (defin *1026

Agee v. Brown

73 So. 3d 882, 2011 Fla. App. LEXIS 18106, 2011 WL 5554833

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 60303499

Cited 4 times | Published

outcome of the particular proceeding involved.” § 731.201(23), Fla. Stat. (2009). Importantly, neither of

Timmons v. Ingrahm

36 So. 3d 861, 2010 Fla. App. LEXIS 7714, 2010 WL 2217637

District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 1933133

Cited 4 times | Published

remote descendants but excludes collateral heirs. § 731.201(9), Fla. Stat. (2007). Adopted children come within

Carvel v. Godley

939 So. 2d 204, 2006 WL 2872664

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 1657439

Cited 4 times | Published

2d 643, 647 (Fla. 5th DCA 1995). Further, section 731.201(21), Florida Statutes, defines an interested

Browning v. Browning

784 So. 2d 1145, 2001 WL 194063

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 1744205

Cited 4 times | Published

Browning's estate because of this breach. See § 731.201(4), Fla. Stat. (1997). The question here is whether

Walker v. Mickler

687 So. 2d 1328, 1997 WL 35013

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 1718758

Cited 4 times | Published

under Florida's intestate succession statute, section 731.201(18), Florida Statutes (1993), and, thus, he

In Re Estate of McGahee

550 So. 2d 83, 1989 WL 109523

District Court of Appeal of Florida | Filed: Sep 21, 1989 | Docket: 1718618

Cited 4 times | Published

and designated a personal representative. Section 731.201(35), Fla. Stat. (1985) provides that a will

Johnson v. Girtman

542 So. 2d 1033, 1989 WL 33998

District Court of Appeal of Florida | Filed: Apr 11, 1989 | Docket: 468835

Cited 4 times | Published

contract, tort, or otherwise, and funeral expenses." § 731.201(4), Fla. Stat. (1987). Here, the Agreement To

Wolf Sanitary Wiping Cloth, Inc. v. Wolf

526 So. 2d 702, 13 Fla. L. Weekly 1152, 1988 Fla. App. LEXIS 1916, 1988 WL 44489

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1679828

Cited 4 times | Published

"interested person" within the meaning of section 731.201(21). Section 731.301(1) does not provide a

Grimes v. Estate of Stewart

506 So. 2d 465, 12 Fla. L. Weekly 1135, 1987 Fla. App. LEXIS 7931

District Court of Appeal of Florida | Filed: Apr 30, 1987 | Docket: 1336371

Cited 4 times | Published

judgment or decree for fraud upon the court. [2] Section 731.201(21), Florida Statutes (1985) reads as follows:

Gates Learjet Corp. v. Moyer

459 So. 2d 1082, 10 Fla. L. Weekly 6

District Court of Appeal of Florida | Filed: Sep 26, 1984 | Docket: 1282365

Cited 4 times | Published

wrongful act or omission of the decedent. At section 731.201(4), in the definitions portion of our probate

In Re Estate of Lewis

411 So. 2d 368, 1982 Fla. App. LEXIS 19688

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1327322

Cited 4 times | Published

automatic standing to any personal representative. § 731.201(21), Florida Statutes (1979). Thus it is suggested

Dr. Ross G. Stone v. Nancy Stone and Alma Stone

157 So. 3d 295, 2014 Fla. App. LEXIS 18431, 2014 WL 5834826

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595484

Cited 3 times | Published

testamentary disposition of real or personal property.” § 731.201(10),- Fla. Stat. (2011). 1 Article

Kountze v. Kountze

20 So. 3d 428, 2009 Fla. App. LEXIS 15621, 2009 WL 3320200

District Court of Appeal of Florida | Filed: Oct 16, 2009 | Docket: 1177485

Cited 3 times | Published

outcome of the particular proceeding involved." § 731.201(23). However, the meaning of interested person

Herrilka v. Yates

13 So. 3d 122, 2009 Fla. App. LEXIS 6903, 2009 WL 1531772

District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1659512

Cited 3 times | Published

outcome of the particular proceeding involved." Id. § 731.201(23). In order to impose a lien, section 733.608(3)

Klingensmith v. FERD AND GLADYS ALPERT

997 So. 2d 436, 2008 WL 4922917

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 2546425

Cited 3 times | Published

of, and matter involved in, any proceedings. § 731.201(23), Fla. Stat. (2007).

In Re Estate of Elliott

798 So. 2d 13, 2001 WL 1167162

District Court of Appeal of Florida | Filed: Oct 4, 2001 | Docket: 1668282

Cited 3 times | Published

Probate Code" are appealable as final orders. Section 731.201(21), Florida Statutes (1999) (which is a part

Clarke v. Schimmel

774 So. 2d 7, 2000 WL 801133

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 1330988

Cited 3 times | Published

probate code shall apply to guardianship law. Section 731.201(31) of the probate code refers to section 517

Davis v. Snyder

681 So. 2d 1191, 1996 WL 604184

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 1385488

Cited 3 times | Published

section 4(b) of the Florida Constitution. Section 731.201(18) defines "heirs" as "those persons, including

Rogers & Wells v. Winston

662 So. 2d 1303, 1995 WL 621360

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1282785

Cited 3 times | Published

rule 5.041, Florida Rules of Probate, and section 731.201(21), Florida Statutes, and therefore service

In Re Estate of Hill

552 So. 2d 1133, 1989 WL 118960

District Court of Appeal of Florida | Filed: Oct 10, 1989 | Docket: 1663645

Cited 3 times | Published

between an "heir" and a "devisee." Heirs, under section 731.201(18), Florida Statutes (1987), are those persons

Johnson v. Estate of Fraedrich

472 So. 2d 1266, 10 Fla. L. Weekly 1657

District Court of Appeal of Florida | Filed: Jul 3, 1985 | Docket: 1793901

Cited 3 times | Published

representative's attorney does not meet. See Section 731.201(21) and (25), Florida Statutes (1983). However

In Re Estate of Fresia

390 So. 2d 176

District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 1503895

Cited 3 times | Published

has subsequently replaced the term executor. § 731.201(25), Fla. Stat. [2] is my wish that my Executor

Grobard v. Grobard

382 So. 2d 117

District Court of Appeal of Florida | Filed: Apr 1, 1980 | Docket: 1255964

Cited 3 times | Published

event must happen before a devise shall vest." Section 731.201(8), Florida Statutes (1979) defines the term

Lois Zelman v. Martin Zelman, Robert Zelman, Lisa Held and Curtis Rogers

175 So. 3d 871, 2015 Fla. App. LEXIS 13075

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690046

Cited 2 times | Published

Florida Probate Code, through *878 section 731.201(21), Florida Statutes (2014), sought to “incorporate[]

Christine Swistock Flegal, Amy Swistock, Peggy S. Keeshin and Nancy Swistock Snyder v. Guardianship of Peter R. Swistock, Sr.

169 So. 3d 278, 2015 Fla. App. LEXIS 10752, 2015 WL 4269079

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679199

Cited 2 times | Published

by the outcome of the particular proceeding.” § 731. 201(23), Fla. Stat. (2012).

Robert Blechman and Cathy Blechman Chermak v. Estate of Bertram Blechman

160 So. 3d 152, 2015 Fla. App. LEXIS 4808, 2015 WL 1500021

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2679422

Cited 2 times | Published

property “that is the subject of administration.” § 731.201(14), Fla. Stat. (2011). In deciphering a probate

Bookman v. Davidson

136 So. 3d 1276, 2014 WL 1772707, 2014 Fla. App. LEXIS 6472

District Court of Appeal of Florida | Filed: May 5, 2014 | Docket: 60239968

Cited 2 times | Published

is defined generally as “the circuit court.” § 731.201, Fla. Stat. Any circuit court has “exclusive original

Grant v. Bessemer Trust Co. of Florida

117 So. 3d 830, 2013 WL 3335064, 2013 Fla. App. LEXIS 10662

District Court of Appeal of Florida | Filed: Jul 3, 2013 | Docket: 60232803

Cited 2 times | Published

property interest as that term is defined in section 731.201, Florida Statutes.... Employment is incapable

Grant v. Bessemer Trust Co. of Florida

117 So. 3d 830, 2013 WL 3335064, 2013 Fla. App. LEXIS 10662

District Court of Appeal of Florida | Filed: Jul 3, 2013 | Docket: 60232803

Cited 2 times | Published

property interest as that term is defined in section 731.201, Florida Statutes.... Employment is incapable

City of Boynton Beach v. Janots

101 So. 3d 864, 2012 WL 4795639, 2012 Fla. App. LEXIS 17445

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60226427

Cited 2 times | Published

“a written request to the court for an order.” § 731.201(29), Fla. Stat. (2011). Thus, based on the plain

In Re Amendments to the Florida Probate Rules

73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2359764

Cited 2 times | Published

Committee Notes revised. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301

Banks v. Orlando Regional Healthcare

955 So. 2d 604, 2007 WL 1010113

District Court of Appeal of Florida | Filed: Apr 5, 2007 | Docket: 1659282

Cited 2 times | Published

was not an "interested person" as defined by section 731.201(21), Florida Statutes (2003). That section

Glover v. Miller

947 So. 2d 1254, 2007 WL 247899

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 2516301

Cited 2 times | Published

intestate succession to the property of a decedent." § 731.201(18), Fla. Stat. (2006). If the decedent has no

Fleming v. Demps

918 So. 2d 982, 2005 WL 3481367

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1361619

Cited 2 times | Published

and be heard concerning the ownership issue. Section 731.201(21), Florida Statutes (2003), provides that

Traeger v. CREDIT FIRST NAT. ASS'N

864 So. 2d 1188, 2004 Fla. App. LEXIS 61, 2004 WL 40548

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1727586

Cited 2 times | Published

Bellmore, 75 Fla. 515, 78 So. 605, 607 (1918)). Section 731.201(18) defines "heirs" as "mean[ing] those persons

Newman v. Newman

766 So. 2d 1091, 2000 Fla. App. LEXIS 9470, 2000 WL 1035956

District Court of Appeal of Florida | Filed: Jul 28, 2000 | Docket: 64800302

Cited 2 times | Published

estate shall be deemed an interested person.” § 731.201(21), Fla. Stat. (1997). Arthur was actually disinherited

Hogan v. Howard

716 So. 2d 286, 1998 WL 374718

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 424785

Cited 2 times | Published

inheritance, succession, or other death taxes." § 731.201(4), Fla. Stat. (1989). A judgment is a "liability"

Manufacturers National Bank of Detroit v. Moons

659 So. 2d 474, 1995 WL 497262

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 1748086

Cited 2 times | Published

statutory definition of "interested person." § 731.201(21), Fla. Stat. Since the only service on appellants

Finizio v. Shubow

557 So. 2d 640, 1990 WL 17496

District Court of Appeal of Florida | Filed: Feb 28, 1990 | Docket: 456914

Cited 2 times | Published

security interest under the probate code, section 731.201, Florida Statutes (1987), refers to the definition

State, Dept. of Health v. Trammell

508 So. 2d 422, 12 Fla. L. Weekly 1212

District Court of Appeal of Florida | Filed: May 12, 1987 | Docket: 1648868

Cited 2 times | Published

607 *424 (Fla. 1918). Heirs are defined in Section 731.201(18), Florida Statutes, as "those persons, including

Summit Pool Supplies, Inc. v. Price

461 So. 2d 272, 10 Fla. L. Weekly 115

District Court of Appeal of Florida | Filed: Jan 3, 1985 | Docket: 464631

Cited 2 times | Published

or otherwise, and funeral expenses. Fla. Stat. § 731.201(4) (1983). The word "creditor" is generally defined

Wolf v. Doll

229 So. 3d 1280

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 60280720

Cited 1 times | Published

rule 5.040(a) of the Florida Probate Rules.” § 731.201(18), Fla. Stat. (2013). Rule 5.040(a) provides

Richard and Chernecky v. Richard

193 So. 3d 964, 2016 WL 2340787, 2016 Fla. App. LEXIS 6747

District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3060611

Cited 1 times | Published

estate of a decedent until letters are issued.” § 731.201, Fla. Stat. (2012); In re Sale's Estate

Carol Rudolph v. Lauren Richard Rosecan

154 So. 3d 381, 2014 Fla. App. LEXIS 19364, 2014 WL 6674749

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609439

Cited 1 times | Published

outcome of the particular proceeding involved.” § 731.201(23), Fla. Stat. (2013). But, its application varies

Juega v. Davidson

105 So. 3d 575, 2012 WL 6601969, 2012 Fla. App. LEXIS 21700

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227870

Cited 1 times | Published

representative of another state or a foreign country.” § 731.201(17), Fla. Stat. The code further defines "personal

In Re Ciano

433 B.R. 431, 22 Fla. L. Weekly Fed. B 455, 2010 Bankr. LEXIS 2377, 2010 WL 3069570

United States Bankruptcy Court, N.D. Florida | Filed: Aug 6, 2010 | Docket: 1783264

Cited 1 times | Published

real or personal property by will or trust." § 731.201(10), Fla. Stat. (2010). The term "inheritance"

Baillargeon v. Sewell

33 So. 3d 130, 2010 Fla. App. LEXIS 5965, 2010 WL 1727842

District Court of Appeal of Florida | Filed: Apr 30, 2010 | Docket: 1156590

Cited 1 times | Published

contract, tort, or otherwise, and funeral expense." § 731.201(4). "[A] creditor is one who holds a `claim.'"

Hall v. Tungett

980 So. 2d 1289, 2008 WL 2065802

District Court of Appeal of Florida | Filed: May 16, 2008 | Docket: 1417479

Cited 1 times | Published

or as otherwise provided by Florida law. Section 731.201(21) of the probate code defines an "interested

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

Statutory References § 1.01, Fla. Stat. Definitions. § 731.201, Fla. Stat. General definitions. § 736.0103, Fla

In Re Amendments to the Florida Probate Rules

959 So. 2d 1170, 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1525727

Cited 1 times | Published

process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731

Harrell v. Snyder

913 So. 2d 749, 2005 WL 2899461

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 1698434

Cited 1 times | Published

homestead property of the decedent as per section 731.201(29), Florida Statutes (2004), which provides:

Montejo v. Martin Memorial Medical Center, Inc.

874 So. 2d 654, 2004 WL 950228

District Court of Appeal of Florida | Filed: May 5, 2004 | Docket: 1473990

Cited 1 times | Published

"affected by the outcome" of the proceeding, section 731.201(21), Florida Statutes (2002), and is therefore

Amendments to the Florida Rules of Civil Procedure

858 So. 2d 1013, 28 Fla. L. Weekly Supp. 797, 2003 Fla. LEXIS 1779, 2003 WL 22410375

Supreme Court of Florida | Filed: Oct 23, 2003 | Docket: 64826361

Cited 1 times | Published

in the rule to “personal representative.” See § 731.201(25), Fla. Stat. (2002). Rule 1.370(a), Requests

Dean v. Bentley

848 So. 2d 487, 2003 Fla. App. LEXIS 10140, 28 Fla. L. Weekly Fed. D 1555

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 64823806

Cited 1 times | Published

disagree. Bentley was an interested person. Section 731.201(21), Florida Statutes, defines an “interested

Moss v. Estate of Moss

777 So. 2d 1110, 2001 WL 76726

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1513938

Cited 1 times | Published

WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201(18), FLORIDA STATUTES (1993). Answering the

Klein v. FLORIDA, DEPT. CHILDREN & FAMILY SERV.

34 F. Supp. 2d 1367, 1998 U.S. Dist. LEXIS 21054, 1998 WL 966651

District Court, S.D. Florida | Filed: Dec 31, 1998 | Docket: 2276428

Cited 1 times | Published

F.2d 140, 142 (8th Cir.1987) (citing 5 C.F.R. § 731.201). Congress enacted the Americans with Disabilities

Williams v. Dorrell

714 So. 2d 574, 1998 WL 347574

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 461583

Cited 1 times | Published

440 (1914). Florida's intestacy statute, section 731.201(18), Florida Statute (1997), defines "heirs"

Teague v. Estate of Hoskins

709 So. 2d 1373, 1998 WL 190403

Supreme Court of Florida | Filed: Apr 23, 1998 | Docket: 1278634

Cited 1 times | Published

(emphasis added). "Claims" are defined in section 731.201(4) as: "liabilities of the decedent, whether

In re the Estate of Watkins

572 So. 2d 1014, 1991 Fla. App. LEXIS 26, 1991 WL 338

District Court of Appeal of Florida | Filed: Jan 4, 1991 | Docket: 64655786

Cited 1 times | Published

that appellant was not an interested party. Section 731.201(21), Florida Statutes (1987), provides the

In Re: Amendments to Florida Probate Rule 5.405

Supreme Court of Florida | Filed: Aug 28, 2025 | Docket: 71219095

Published

the definition of “protected homestead” in section 731.201(33), Florida Statutes, the general definitions

DATHAN A. GRIFFIN v. CHRISTINE PEARSON, as Personal Representative of the ESTATE OF MARTHA HARWELL TILLER

District Court of Appeal of Florida | Filed: Jul 25, 2025 | Docket: 70914228

Published

“interested person” under the Probate Code. See § 731.201(23), Fla. Stat. (2024). We dismiss this appeal

Property Solutions Powerhouse, LLC v. Nelson

District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472150

Published

5.510(d). This includes intestate heirs. See § 731.201(2), (23), Fla. Stat. (2024); § 732.103, Fla. Stat

Colin Markes and Sharon Hart- Corrigan v. Estate of Keith Albert Markes

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998665

Published

outcome of the particular proceeding involved.” § 731.201(23), Fla. Stat. (2023). Appellee, a disinherited

Jesus O. Valentino, Esq. v. in Re: Estate of Pedro E. Andollo

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 70000163

Published

particular proceeding involved.” § 731.201(23), Fla. Stat. (2022). Certain attorneys fall

Odette Blanco De Fernandez v. Seaboard Marine Ltd.

Court of Appeals for the Eleventh Circuit | Filed: Apr 14, 2025 | Docket: 68185687

Published

Argued: Jan 24, 2024

sub- ject of administration.” Fla. Stat. § 731.201(14). But other provi- sions of Florida

Estate of Patricia McLain, McLain, Jr. v. Guardianship of Patricia A. McLain

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843629

Published

definition of an "interested person" in section 731.201(21), Florida Statutes (2006), the court reasoned

Palm Garden of Winter Haven, LLC v. Estate of Leon C. Demps

District Court of Appeal of Florida | Filed: Feb 7, 2025 | Docket: 69620529

Published

inheritance, succession, or other death taxes.” § 731.201(4), Fla. Stat. (2016). Any claim not filed within

Thomas Wilson v. in Re: Estate of Peter Loftin

District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171513

Published

of the administration of a decedent’s estate. § 731.201(23), Fla. Stat. (2022). We conclude, based on

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

Fla. Stat. Verification of documents. § 731.201(33), Fla. Stat. General definitions.

Mark Carmel v. Norman Fleisher

District Court of Appeal of Florida | Filed: Jun 20, 2024 | Docket: 68869499

Published

outcome of the particular proceeding involved.” See § 731.201(23), Fla. Stat. (2022).

Shannon D. Christie v. David G. Qualls, as the personal representative of the Estate of Ollie Mae Dean Qualls

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68506234

Published

of, and matter involved in, any proceedings.” § 731.201(23), Fla. Stat. In a probate proceeding, a person

Benzo Elias Rudnikas v. Mercedes Gisela Gonzalez

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68380022

Published

of, and matter involved in, any proceedings. § 731.201(23), Fla. Stat. In accord with this definition

MARY ANN JAMES DE HOLGUIN v. CAMILA HOLGUIN GODIN

District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270646

Published

qualifies as an “interested person”); see also § 731.201(23), Fla. Stat. (“‘Interested person’ means any

IN RE: TRUST OF ADEAN E. WINES vs

District Court of Appeal of Florida | Filed: Feb 3, 2023 | Docket: 66833811

Published

obtained nor served a summons on anyone. Section 731.201(23), Florida Statutes (2022), defines “interested

Kathleen Steele v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit | Filed: Oct 12, 2022 | Docket: 65418002

Published

dent,” id. § 732.103(1). Under Florida Statute § 731.201(9), a USCA11 Case: 20-11656 Date Filed: 10/12/2022

J. SCOTT LANFORD, TRUSTEE OF THE KIRK FAMILY FOUNDATION vs ROBIN PHEMISTER, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY L. DILLARD AND AS TRUSTEE OF THE TESTAMENTARY TRUST OF MARY L. DILLARD

District Court of Appeal of Florida | Filed: Apr 8, 2022 | Docket: 60149151

Published

after the estate’s obligations are satisfied. § 731.201(2), (35), Fla. Stat. (2016). 4 A

ELIZABETH ANN DUFF-ESFORMES, etc. v. BARRY E. MUKAMAL, etc.

District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574106

Published

received complete distribution. . . . § 731.201(23), Fla. Stat. (2021) (emphasis added).

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

disabled adult. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731

DR. MARC BIVINS v. CHARLES W. DOUGLAS, etc.

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660124

Published

“interested persons” under section 731.201(23), Florida Statutes. Section 731.201(23), Florida Statutes

WALTER ALEXANDRE HOUCK CRUZ v. RICHARD A. NEELY

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860083

Published

Florida Statutes, Florida’s Probate Code. Section 731.201(23) of the Florida Statutes (2021) defines

LIAN DE LA RIVA, as Curator of the ESTATE OF JAMES P. TODD, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ALFONSO CHAVEZ

District Court of Appeal of Florida | Filed: Sep 9, 2020 | Docket: 18420369

Published

[to a personal representative of the estate].” § 731.201(8), Fla. Stat. (2014).

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 732

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

§ 709.2102(1), Fla. Stat. Definitions. § 731.201(23), Fla. Stat. General definitions. §

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

§ 709.2102(1), Fla. Stat. Definitions. § 731.201(23), Fla. Stat. General definitions. §

JOAN JOHNSON v. LEE TOWNSEND

259 So. 3d 851

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074525

Published

community property. Second, the wife cited section 731.201(4), Florida Statutes (2015), which defines

ROSALIE WOLF v. JO ANN DOLL

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6223867

Published

rule 5.040(a) of the Florida Probate Rules.” § 731.201(18), Fla. Stat. (2013). Rule 5.040(a) provides

Hernandez Sr. v. Hernandez

230 So. 3d 119

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148137

Published

“interested person” within the definition of section 731.201(23), Florida Statutes (2016), of the Florida

GEORGES M. DELBROUCK v. ESTATE OF LEON G. DELBROUCK, MARIA EBERLING

226 So. 3d 929, 2017 Fla. App. LEXIS 12466, 2017 WL 3727050

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145384

Published

outcome of the particular proceeding involved.” § 731.201(23), Fla. Stat. (2014). Even the personal representative

KAREN WINSLOW v. MALLORY N. DECK

225 So. 3d 276, 2017 Fla. App. LEXIS 11220, 2017 WL 3279134

District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 6130771

Published

outcome of the particular proceeding involved.” § 731.201(23), Fla. Stat. (2013). Florida Probate Rule

Bloom v. Bloom

227 So. 3d 165, 2017 WL 2270124, 2017 Fla. App. LEXIS 7403

District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 6065457

Published

as a current beneficiary of Leon’s estate. See § 731.201(23), Fla. Stat. (2014); Wheeler v. Powers, 972

Bloom v. Bloom

227 So. 3d 165, 2017 WL 2270124, 2017 Fla. App. LEXIS 7403

District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 6065457

Published

as a current beneficiary of Leon’s estate. See § 731.201(23), Fla. Stat. (2014); Wheeler v. Powers, 972

Estate of Arroyo v. Infinity Indemnity Insurance Co.

211 So. 3d 240, 2017 Fla. App. LEXIS 456

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 4569373

Published

of, and matter involved in, any proceedings. § 731.201(23), Fla. Stat. (2013). In the present case, the

Reyes v. Infinity Indemnity Insurance Co.

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 4573218

Published

and matter involved in, any proceedings. § 731.201(23), Fla. Stat. (2013). In the present case, the

In re Cole

559 B.R. 919, 2016 WL 5173215

United States Bankruptcy Court, M.D. Florida | Filed: Sep 20, 2016 | Docket: 65789230

Published

(11th Cir. 2002)). . Id. at ¶¶ 10-12 (citing § 731.201(10), Fla. Stat.). . In re Brown, 303 F.3d at

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Supreme Court of Florida | Filed: Sep 1, 2016 | Docket: 4418545

Published

Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 731.301, Fla

Peter v. Osorio-Khor

198 So. 3d 941, 2016 Fla. App. LEXIS 11720, 2016 WL 4132660

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 60256512

Published

Fla. Prob. R. 5.660(a) (emphasis added). Section 731.201(23), Florida Statutes (2014), defines an “interested

Ori Avraham Gordin and Teresa Shelley v. Estate of Shelley Wilensky Shelley Maisel a/k/a Shelley W. Shelley and Daniel W. Shelley

179 So. 3d 518, 2015 Fla. App. LEXIS 17910, 2015 WL 7566353

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3016000

Published

definitions within the Florida Probate Code. Section 731.201, Florida Statutes (2014), defines a “curator”'as

Robert Blechman and Cathy Blechman Chermak v. Estate of Bertram Blechman

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621543

Published

-6- administration.” § 731.201(14), Fla. Stat. (2011). In deciphering a probate

Wilson v. Wilson

138 So. 3d 1176, 2014 WL 2101226, 2014 Fla. App. LEXIS 7634

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60240524

Published

son’s ashes were not “property” as defined by section 731.201(32), Fla. Stat. (2012), and therefore not subject

In re Amendments to the Florida Probate Rules

123 So. 3d 31, 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235089

Published

2013 Revision: New rule. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731,301

Staum v. Rubano

120 So. 3d 109, 2013 WL 4081055, 2013 Fla. App. LEXIS 12655

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233877

Published

was not an “interested person” pursuant to section 731.201(23), Florida Statutes (2011). We agree with

Bovino v. MacMillan

101 So. 3d 937, 2012 Fla. App. LEXIS 20894, 2012 WL 6027769

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60226490

Published

person” under Florida Probate Rule 5.685(b), section 731.201(23), Florida Statutes (2011), or otherwise

Swan v. Trost

100 So. 3d 1205, 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225563

Published

outcome of the particular proceeding involved.” § 731.201(23), Fla. Stat. (2009). The question of who is

Smith v. DeParry

86 So. 3d 1228, 2012 Fla. App. LEXIS 6880, 2012 WL 1521541

District Court of Appeal of Florida | Filed: May 2, 2012 | Docket: 60307596

Published

used in the statute, includes a codicil. See § 731.201(40), Fla. Stat. (2010); see also Fla. Prob. R

Naftel v. Pappas

68 So. 3d 368, 2011 Fla. App. LEXIS 13250, 2011 WL 3678004

District Court of Appeal of Florida | Filed: Aug 23, 2011 | Docket: 2358814

Published

right or obligation of an interested party. See § 731.201(24), Fla. Stat. (2010). Cf. Fla. R. App. P. 9

Long v. Willis

100 So. 3d 4, 2011 Fla. App. LEXIS 12877, 2011 WL 3587411

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60225838

Published

Code defines “[cjourt” as “the circuit court.” § 731.201(7), Fla. Stat. (2009). The clerk of the circuit

LAURITSEN v. Wallace

67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 2361301

Published

administrative expenses and the rights of creditors. Section 731.201(10), Florida Statutes (2007), provides that

In Re Rogove

443 B.R. 182, 22 Fla. L. Weekly Fed. B 598, 2010 Bankr. LEXIS 3298

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 17, 2010 | Docket: 2066556

Published

disposition of real or personal property." FLA. STAT. § 731.201(10); see Mosgrove v. Mach, 133 Fla. 459, 182 So

In Re Amendments to the Florida Probate Rules

50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

731.104, Fla. Stat. Verification of documents. § 731.201, Fla. Stat. General definitions. § 733.202, Fla

In Re Amendments to the Florida Probate Rules

50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

731.104, Fla. Stat. Verification of documents. § 731.201, Fla. Stat. General definitions. § 733.202, Fla

Balboni v. LaROCQUE

991 So. 2d 993, 2008 WL 4414240

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 1725187

Published

descendants who were heirs at law pursuant to section 731.201(18), Florida Statutes (2006): 1) son, Ron;

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 736.0103, Fla

In re Amendments to the Florida Probate Rules

948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731

Bush v. Webb

939 So. 2d 215, 2006 Fla. App. LEXIS 16903, 2006 WL 2872522

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 64847174

Published

contract, tort, or otherwise, and funeral expense.” § 731.201(4), Fla. Stat. (2001) (emphasis added). The supreme

Benedetto v. Columbia Park Healthcare Systems

922 So. 2d 416, 2006 Fla. App. LEXIS 3458, 2006 WL 566200

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 64842630

Published

Taylor, 651 So.2d 131 (Fla. 2d DCA 1995). See also § 731.201(21), Fla. Stat. (2005) (defining “interested person”)

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731

McEnderfer v. Keefe

903 So. 2d 234, 2005 Fla. App. LEXIS 5535, 2005 WL 924264

District Court of Appeal of Florida | Filed: Apr 22, 2005 | Docket: 64838752

Published

devised to someone designated as an heir in section 731.201(18), Florida Statutes (2002). Estate of Murphy

Steadman v. DEPARTMENT OF MANAGEMENT SERVS.

901 So. 2d 915, 2005 WL 924314

District Court of Appeal of Florida | Filed: Apr 22, 2005 | Docket: 1666404

Published

intestate succession to the property of a decedent. § 731.201, Fla.Stat. As Lavondra correctly points out, "heir"

Arzuman v. Estate of Bin

879 So. 2d 675, 2004 Fla. App. LEXIS 11727, 2004 WL 1779074

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64832140

Published

claimant is not an “interested person” under section 731.201(21), Florida Statutes (2002), which defines

Barley v. Barcus

877 So. 2d 42, 2004 Fla. App. LEXIS 7935, 2004 WL 1224704

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 64831689

Published

estate shall *44be deemed an interested person.” § 731.201(21), Fla. Stat. (2002). Mary Barley, in her individual

Magnolia Manor, Inc. v. Siegel

866 So. 2d 142, 2004 Fla. App. LEXIS 1539, 2004 WL 256431

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 64828273

Published

was not an “interested party”, as defined by section 731.201(21), Florida Statutes (2002). The trial court

Amendments to the Florida Probate Rules

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

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

Published

731.104, Fla. Stat. Verification of documents. § 731.201, Fla. Stat. General definitions. § 733.202, Fla

Amendments to the Florida Probate Rules

824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Supreme Court of Florida | Filed: May 2, 2002 | Docket: 64817121

Published

Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 733.106

Richey v. Hurst

798 So. 2d 841, 2001 WL 1344073

District Court of Appeal of Florida | Filed: Nov 2, 2001 | Docket: 1238569

Published

jurisdiction. See Fla. R.App. P. 9.110(a)(2); § 731.201(21), Fla. Stat. (2000). Mae Campbell Hamor Cox

Foster v. Cianci

773 So. 2d 1181, 2000 Fla. App. LEXIS 15417, 2000 WL 1744819

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 64802541

Published

contract, tort, or otherwise, and funeral expenses.” § 731.201(4), Fla. Stat. (1999); see Gates Learjet Corp

Amendments to the Florida Probate Rules

778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 64803740

Published

Statutory References § 1.01, Fla. Stat. Definitions. § 731.201, Fla. Stat. General definitions. § 744.102, Fla

Hyland v. DiPietro

748 So. 2d 1086, 2000 Fla. App. LEXIS 42, 2000 WL 4824

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 64794034

Published

as “ an instrument, including a codicil ...” § 731.201(35), Fla. Stat. (emphasis supplied). If a codicil

Walters v. Edwards

700 So. 2d 434, 1997 Fla. App. LEXIS 11209

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 64776183

Published

devisee of any real or personal property. See § 731.201(2). A devisee is “a person designated in a will

Walker v. Mickler

699 So. 2d 687, 22 Fla. L. Weekly Supp. 595, 1997 Fla. LEXIS 1441, 1997 WL 578294

Supreme Court of Florida | Filed: Sep 18, 1997 | Docket: 64775935

Published

WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201(18), FLORIDA STATUTES (1993). Davis, 681 So

Galego v. Robinson

695 So. 2d 443, 1997 Fla. App. LEXIS 5860, 1997 WL 280631

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64774208

Published

outcome of the particular proceeding involved.” § 731.201, Fla.Stat. (1995). The record reveals that appellant

Farrior v. Estate of Farrior

694 So. 2d 804, 1997 Fla. App. LEXIS 4964, 1997 WL 231493

District Court of Appeal of Florida | Filed: May 9, 1997 | Docket: 64774076

Published

WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201(18), FLORIDA STATUTES (1993)? Affirmed. SCHOONOVER

In Re Estate of Hinterleiter

692 So. 2d 234, 1997 WL 186261

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 436091

Published

definitional section of the Probate Code. *236 Section 731.201(18) defines "heirs" as "those persons ... entitled

Teague v. Estate of Hoskins

684 So. 2d 293, 1996 Fla. App. LEXIS 12882, 1996 WL 713996

District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 64769561

Published

Subsection 731.201(4) took effect January 1, 1976. See § 731.201(4), Fla. Stat. (1976). . Teague also asserts

In Re Estate of Corbin

645 So. 2d 39, 1994 WL 577384

District Court of Appeal of Florida | Filed: Oct 24, 1994 | Docket: 1654486

Published

representative or revokes or revises another will. § 731.201(35), Fla. Stat. (1989). Appellants correctly contend

Corbin v. Sherman

645 So. 2d 39, 1994 Fla. App. LEXIS 10398

District Court of Appeal of Florida | Filed: Oct 24, 1994 | Docket: 64752152

Published

representative or revokes or revises another will. § 731.201(35), Fla.Stat. (1989). Appellants correctly ■

Williams v. Northern Trust Bank

819 F. Supp. 1042, 1993 U.S. Dist. LEXIS 9216, 1993 WL 127096

District Court, M.D. Florida | Filed: Apr 15, 1993 | Docket: 65983777

Published

trust” is a beneficiary of that trust. Fla.Stat. § 731.201 (1991). Defendants concede that the plaintiff

Weitzman v. Resolution Trust Corp.

608 So. 2d 510, 1992 Fla. App. LEXIS 10998, 1992 WL 296051

District Court of Appeal of Florida | Filed: Oct 21, 1992 | Docket: 64692023

Published

within the definition of that term contained in section 731.201(21), Florida Statutes (1989). Further, it does

In re Amendments to the Florida Probate Rules

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

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

Published

Statutory References 1.01, Fla.Stat. Definitions. F*S,§ 731.201, Fla.Stat. General definitions. F§4 744.102

Engelberg v. Birnbaum

580 So. 2d 828, 1991 Fla. App. LEXIS 4648, 1991 WL 82515

District Court of Appeal of Florida | Filed: May 22, 1991 | Docket: 64659278

Published

of, and matter involved in, any proceedings. § 731.201(21), Fla.Stat. (1989) (emphasis added). Respondent

Paredes v. McLucas

561 So. 2d 439, 1990 Fla. App. LEXIS 3490, 1990 WL 64114

District Court of Appeal of Florida | Filed: May 17, 1990 | Docket: 64650667

Published

simply designated as “exempt property.” 2. Section 731.201(12) defines “estate” as the property of the

Grant v. Norris

558 So. 2d 208, 1990 Fla. App. LEXIS 1884, 1990 WL 31733

District Court of Appeal of Florida | Filed: Mar 23, 1990 | Docket: 64648813

Published

decedent’s estate which is described in s. 732.402.” § 731.201(13), Fla.Stat. (1987). An estate includes only

Shehan v. Pollack

552 So. 2d 1133, 14 Fla. L. Weekly 2422, 1989 Fla. App. LEXIS 5603

District Court of Appeal of Florida | Filed: Oct 10, 1989 | Docket: 64646587

Published

between an “heir” and a “devisee.” Heirs, under section 731.201(18), Florida Statutes (1987), are those persons

Padgett v. Padgett

547 So. 2d 342, 14 Fla. L. Weekly 1920, 1989 Fla. App. LEXIS 4568, 1989 WL 90479

District Court of Appeal of Florida | Filed: Aug 15, 1989 | Docket: 64644221

Published

or personal property within the meaning of Section 731.201(8), Florida Statutes (1987).2 This is so because

Florida Bar

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

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

Published

construed. See FPR 5.190 and 5.540 and also F.S. 731.201 and F.S. 744.102. 1988 Revision: Rule was expanded

Florida Bar

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

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

Published

construed. See FPR 5.190 and 5.540 and also F.S. 731.201 and F.S. 744.102. 1988 Revision: Rule was expanded

In re GAC Corp.

64 B.R. 345, 1986 U.S. Dist. LEXIS 21146

District Court, S.D. Florida | Filed: Aug 26, 1986 | Docket: 63691927

Published

note 7 and accompanying text. . See Fla.Stat. § 731.201(32) . Appellants also argue that they employed

Florida Bar re Amendment to Rules

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

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

Published

References F.S. 731.104 Verification of documents. F.S. 731.201 General definitions. Rule Reference Fla.R.P

Albert v. Hartford National Bank & Trust Co.

423 So. 2d 1027, 1982 Fla. App. LEXIS 22210

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 64594120

Published

estate subject to administration is the res, Section 731.201(2); In re Williamson’s Estate, 95 So.2d 244

In re Estate of Herman

427 So. 2d 195, 1982 Fla. App. LEXIS 22277

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 64595235

Published

conflict between the definition of “devisee” in section 731.-201(9),4 Florida Statutes (1977) and the term

Moore v. Florida Bank & Trust Co. of Daytona Beach

390 So. 2d 176, 1980 Fla. App. LEXIS 17644

District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 64578825

Published

has subsequently replaced the term executor. § 731.-201(25), Fla.Stat. . It is my wish that my Executor

In re the Estate of Williams

381 So. 2d 735, 1980 Fla. App. LEXIS 15805

District Court of Appeal of Florida | Filed: Mar 28, 1980 | Docket: 64575169

Published

conflict between Section 733.702(1)(a) and Section 731.201(4), Florida Statutes (1977). The personal representative

Flagship First National Bank v. Morris

359 So. 2d 425, 1978 Fla. LEXIS 4747

Supreme Court of Florida | Filed: Mar 16, 1978 | Docket: 64564805

Published

representative other than as a creditor or purchaser’. Section 731.-201(10) Florida Statutes (1975). Such definition