CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 1990 WL 12769
...over the appellees. All the appellees are "interested persons" in the estate. §
731.201(21), Fla. Stat. (1987). All are required to be given notice of the petition. §
731.303(4)(a), Fla. Stat. (1987). Service of notice was made as provided by law. §
731.301(1), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1994 WL 583699
...because the notice should have been sent to the attorney representing it in pending litigation against the decedent. We find that the personal representative of the estate properly served plaintiff with actual notice of administration as provided in section 731.301, Florida Statutes (1993), by sending notice by certified mail to plaintiff's corporate headquarters....
...l notice, even when informal notice is permitted: "[f]ormal notice may be given in lieu of informal notice at the option of the person giving notice unless the court orders otherwise." Regarding the statutory provisions for service of formal notice, section 731.301(1)(a) provides that the estate shall serve a copy of the "petition to any interested person or his attorney, if he has appeared by attorney or requested that notice be sent to his attorney." [1] Plaintiff interprets this section as re...
...enting the estate affirmatively mislead plaintiff. Consequently, we conclude that the trial court did not err in striking the claim filed in the estate action as untimely. AFFIRMED. KLEIN, J., and GROSS, ROBERT M., Associate Judge, concur. NOTES [1] Section 731.301(1)(a)1. prescribes service by any form of mail "requiring a signed receipt;" section 731.301(1)(a)1.a. specifies service on "his attorney of record, if any, or to the post office address given in his demand for notice;" and section 731.301(1)(a)1.d....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 591257
...sippi court satisfied Florida's jurisdictional and due process requirements. First, we note that in Florida, formal notice is sufficient to acquire jurisdiction over the person who receives the notice to the extent of his interest in the estate. See § 731.301(2), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...ersonal representative, venue, or jurisdiction of the court, except in connection with the proceedings before issuance of letters. *440 Pursuant to this provision, formal notice was served on the appellant in Garrettsville, Ohio on January 16, 1980. Section 731.301(1)(b) Florida Statutes (1979) provides: If there is no answer served on the petitioner within 20 days from the service of the petition, the petition shall be considered ex parte....
...denied,
211 So.2d 211, 213 (Fla. 1968). A nonadherence to these requirements amounts to an abandonment of the benefit of a shortened period for objection conferred by Sec.
733.2123. In proceeding ex parte before the prescribed period had expired under
731.301(1)(b), the personal representatives must be held to have subjected themselves instead to the procedures involved when a will is admitted to probate under the alternative provisions of Sec....
...dministration. §
733.212(3), Fla. Stat. (1979). The objection in this case was filed well before that time, and was therefore timely asserted. Analyzing the issue before us from a somewhat different legal perspective yields the same result. If Sec.
731.301(1)(b) is applicable at all, the ex parte orders admitting the will and issuing letters must properly be viewed as the entry of a default judgment precluding the assertion of Nardi's objection to probate....
...pired. Just this occurred in Gustafson v. McDade, supra; Pinon v. Pollard, supra; Poindexter v. Marshall, supra; and Surety Ins. Co. of Cal. v. State, supra. Because the twenty days for response after service provided by Fla.R.P.&G.P. 5.040 and Sec. 731.301(1)(b) is clearly not jurisdictional, a motion to vacate such a default need not be filed within that period [3] and may instead be brought within a "reasonable time" not to exceed one year under Fla.R.Civ.P....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...ss for obtaining jurisdiction over the person receiving the notice. Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required. Rule History 1975 Revision: Implements section 731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 1152, 1988 Fla. App. LEXIS 1916, 1988 WL 44489
...of action against present and past officers and directors of the corporation for misfeasance, malfeasance and usurpation of corporate opportunities. Copies of the amended complaint were sent to the Michigan corporation by certified mail pursuant to section 731.301(1), Florida Statutes (1985)....
...on." Bedford Computer Corp. v. Graphic Press, Inc.,
484 So.2d 1225, 1227 (Fla. 1986). Although Bedford involved service rendered under section
49.021, Florida Statutes (1985), there is no reason why a different result should obtain in the context of section
731.301(1)....
...to be quasi in rem proceeding which could rest on constructive service of process upon nonresident defendant stockholder). The personal representative's assertion that the corporation is an "interested person" and thus subject to formal notice under section 731.301(1) is without merit....
...[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). Section
731.301(1) does not provide a shorthand method of subjecting all potential litigants to the jurisdiction of the probate court....
...The section vests in the probate court in rem jurisdiction to determine who shall inherit that which a decedent owned at the time of his death, that is, who has an interest in the decedent's estate. The "jurisdiction over the person" adverted to in section 731.301(1)(d) extends to heirs and legatees who succeed to the property formerly owned by the decedent *706 or as the term is employed in section 731.301(1)....
...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)....
...his fiduciary capacity; or (3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. §
86.041, Fla. Stat. (1985). [3] The statute provides in pertinent part:
731.301 Notice; method and time; proof....
...d. On a corporation, by mailing a copy to the corporation at its last known address[.] ..... (d) Formal notice shall be sufficient to acquire jurisdiction over the person receiving formal notice to the extent of the person's interest in the estate. § 731.301, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2005 WL 17753
...The corporation filed a claim beyond the statutory period, and the trial court disallowed it as untimely. Our court rejected the creditor's argument that the notice to creditors should have been sent to the litigation attorneys. We concluded that under section 731.301(1)(a), Florida Statutes (1995), notice to the attorney meant notice to an attorney who had entered an appearance of record in the estate....
CopyCited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
...Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required. Reference in this rule to the terms "mail" or "mailing" refers to use of the United States Postal Service. Rule History 1975 Revision: Implements section 731.301, Florida Statutes....
...1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 *81 amendment to section 731.301(1), Florida Statutes....
...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.Stat. General definitions.
731.301, Fla.Stat....
...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (b) amended to allow service to be made by facsimile. Committee notes revised. Statutory References
731.201, Fla.Stat. General definitions.
731.301, Fla.Stat....
...1996 Revision: Subdivision (a) amended to require service of notice of administration on trustees of certain revocable trusts as defined by Florida statute. Editorial changes. Statutory References 731.111, Fla.Stat. Notice to creditors.
731.201(21), Fla.Stat. General definitions.
731.301, Fla.Stat....
...Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Committee notes revised. Statutory References
731.201(21), Fla.Stat. General definitions.
731.301, Fla.Stat....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 15621, 2009 WL 3320200
...other sworn proof contesting the essential jurisdictional facts. Id. Here, the appellee, who was the plaintiff below, asserts that this court should affirm because he served appellants with formal notice of the Florida estate proceedings pursuant to section 731.301(2), Florida Statutes (2005-2009), and that the trial court therefore had personal jurisdiction over them. [2] Section 731.301(2) provides that "[f]ormal notice shall be sufficient to acquire jurisdiction over the person receiving formal notice to the extent of the person's interest in the estate." [3] An interested person is defined in the probate code as "a...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...there were no allegations that it had contacts sufficient to subject it to personal
jurisdiction in Florida. Id. This Court further rejected the argument that the
corporation was an “interested person” and thus subject to formal notice pursuant
to section 731.301(1), Florida Statutes (1985).8 Id. Specifically, this Court found
that section 731.301(1) was not “a shorthand method of subjecting all potential
litigants to the jurisdiction of the probate court.” Id....
...2d 443,
444 (Fla. 2d DCA 1997); In re Estate of Tyler,
543 So. 2d 1307, 1307-08 (Fla. 4th
DCA 1989); Wolf,
526 So. 2d at 705; see also Kountze v. Kountze,
20 So. 3d 428,
432-33 (Fla. 2d DCA 2009). Thus, even if Sampson Farm fell within the scope of
section
731.301(1)’s notice provision, Parmenter failed to provide any evidence of
Sampson Farm’s minimal contacts with Florida sufficient to meet the
constitutional due process requirements necessary to exercise personal jurisdiction
over it....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1988 WL 80912
...to invalidate the inter vivos trust into which the estate assets were to pour. Furthermore, Eaton sought to annul Black's marriage to the deceased. In attempting service on Black, Eaton used the "formal notice" method permitted in probate actions by section 731.301(1)(a), Florida Statutes (1987), and Florida Rule of Probate and Guardianship Procedure 5.040(a)....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...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. Stat. General definitions. §
731.301, Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2374, 1985 Fla. App. LEXIS 16394
...*794 The decedent, Jackson B. Tanner, died May 20, 1984. Archie Tanner, one of the decedent’s children, filed a petition for administration of a will, purportedly the last will and testament of decedent, dated February 10, 1984. Subsequently, pursuant to Sections
731.301(1),
733.212, and
733.2123, Florida Statutes (1983), formal notice of the petition for administration was sent by certified mail, return receipt requested, to each of the named beneficiaries identified in the will....
...either spouse. Appellant Lorraine Edwards filed a notice of adoption of the other appellants’ answer on July 19, 1984. Appellee then filed a motion to strike the appellants’ responses, contending that the answers were untimely filed pursuant to Section 731.301(l)(b) (1983), which provides: (b) If there is no answer served on the petitioner within 20 days from the service of the petition, the petition shall be considered ex parte....
...dministration to Archie Tanner, the person named as personal representative in that will. We reverse the orders appealed from on the authority of Nardi v. Nardi,
390 So.2d 438 (Fla. 3d DCA 1980). In that case the court interpreted the requirement of Section
731.301(1) and Rule 5.040(a)(1), Florida Rules of Probate and Guardianship Procedure (as amended 1980,
387 So.2d 949 (Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2065802
...Hall and dismiss the PR's motion for lack of personal jurisdiction over her or over the property that the PR sought to recover. The attorney contended that Ms. Hall was not an "interested person" or a "distributee" as defined by Florida law and that formal notice under section 731.301, Florida Statutes (2006), was not sufficient to give the court jurisdiction over Ms....
...motion to dismiss must be granted.
955 So.2d at 601-02 (citations omitted). In his motion, the PR set forth sufficient allegations concerning jurisdiction to allow Ms. Hall to be served as an *1292 "interested person" by "formal notice" pursuant to section
731.301. Section
731.301(2) states that "[f]ormal notice shall be sufficient to acquire jurisdiction over the person receiving formal notice to the extent of the person's interest in the estate." Florida Probate Rule 5.040(a)(3) describes the manner in which...
...Hall's possession then she had to return to the Estate the equivalent value, as well as any income earned on the assets or any gain received with respect to the assets. These allegations were sufficient to meet the PR's pleading requirement and to support service on Ms. Hall by the formal notice method permitted under section 731.301 and rule 5.040....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...s provided in the Florida Rules of Civil Procedure for service of process; or (C) as otherwise provided by Florida law for service of process. (4)-(5) [NO CHANGE] (b)-(d) [NO CHANGE] Committee Notes [NO CHANGE] Rule History 1975 Revision: Implements section 731.301, Florida Statutes....
...1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section 731.301(1), Florida Statutes....
...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. Stat. General definitions. §
731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...§
736.0103, Fla. Stat. Definitions. §
738.102, Fla. Stat. Definitions. §
739.102, Fla. Stat. Definitions. §
744.102, Fla. Stat. Definitions. RULE 5.040. NOTICE (a) (d) [No Change] Committee Notes [No Change] Rule History 1975 Revision: Implements section
731.301, Florida Statutes....
...1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section 731.301(1), Florida Statutes....
...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. Stat. General definitions. §
731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
...porate 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. Stat. General definitions. §
731.301, Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...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. 2005 Revision: Committee notes revised. Statutory References § 731.301, Fla....
...Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not' given or required. Reference in this rule to the terms “mail” or “mailing” refers to use of the United States Postal Service. Rule History 1975 Revision: Implements section 731.301, Florida Statutes....
...1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section 731.301(1), Florida Statutes....
...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. Stat. General definitions. §
731.301, 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). Statutory References §
731.201, Fla. Stat. General definitions. §
731.301, Fla....
...2005 Revision: Subdivision (d) amended to clarify exception to mailing rule for service of formal notice and service in the manner provided for service of formal notice. Committee notes revised. Statutory References §
683.01, Fla. Stat. Legal holidays. §
731.301, Fla....
...eficiaries 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. Stat. General definitions. §
731.301, Fla....
...Florida Statutes. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a) amended to clarify approved methods of service on creditors. Committee notes revised. Statutory References ch. 50, Fla. Stat. Legal and official advertisements. § 731.301, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...1984 Revision: Minor editorial changes and additions of paragraph (c). Committee notes expanded. 1988 Revision: Editorial changes and order of paragraphs rearranged. Committee *505 notes expanded. Citation form changes in committee notes. Statutory References F.S. 731.301 Notice; method and time; proof....
...for obtaining jurisdiction over the person receiving the notice. Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required. Rule History 1975 Revision: Implements F.S. 731.301....
...nd 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. F.S.
731.301 Notice; method and time; proof....
...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. F.S.
731.301 Notice; method and time; proof....
...Because the format of Rule 5.042(b) was substantially the same as the format of Rule 1.090(b), paragraph (b) is amended to conform for the sake of clarity. Committee notes revised. *509 Statutory References F.S.
683.01 Legal holidays. F.S. 731.111 Notice to creditors. F.S.
731.301 Notice; method and time; proof....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...1984 Revision: Minor editorial changes and additions of paragraph (c). Committee notes expanded. 1988 Revision: Editorial changes and order of paragraphs rearranged. Committee notes expanded. Citation form changes in committee notes. Statutory References F.S. 731.301 Notice; method and time; proof....
...for obtaining jurisdiction over the person receiving the notice. Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required. Rule History 1975 Revision: Implements F.S. 731.301....
...nd 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. F.S.
731.301 Notice; method and time; proof....
...ip 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. F.S.
731.301 Notice; method and time; proof....
...Because the format of Rule 5.042(b) was substantially the same as the format of Rule 1.090(b), paragraph (b) is amended to conform for the sake of clarity. Committee notes revised. Statutory References F.S.
683.01 Legal holidays. F.S. 731.111 Notice to creditors. F.S.
731.301 Notice; method and time; proof....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...Informal notice is the method of service of notice given to interested persons enti- *275 tied to notice when formal notice is not given or required. Reference in this rule to the terms “mail” or “mailing” refers to use of the United States Postal Service. Rule History 1975 Revision: Implements section 731.301, Florida Statutes....
...1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section 731.301(1), Florida Statutes....
...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. Stat. General definitions. §
731.301, 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). Statutory References §
731.201, Fla. Stat. General definitions. §
731.301, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...1988 Revision: Editorial changes and order of paragraphssubdivisions rearranged. Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References ¾=⅛ 731.301, Fla.Stat....
...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. General definitions. §
731.301, Fla.Stat....
...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. General definitions. ⅛&§
731.301, Fla.Stat....
...r the sake of clarity. Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References
683.01, Fla.Stat. Legal holidays. ⅛⅜§ 731.111, Fla.Stat. Notice to creditors.
731.301, Fla.Stat....
...Reference to clerk ascertaining the amount of the filing fee deleted in subdivision (g) because of repeal of sliding scale of filing fees. The remaining language was deemed *1329 unnecessary. Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.301, Fla.Stat....
...the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 731.301, Fla.Stat....
...ine 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. General definitions. §
731.301, Fla.Stat....
...1977 Revision: Citation form change in committee note. 1988 Revision: Committee notes revised. Citation form changes in committee notes. 1992 Revision: Editorial changes to clarify rule. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.301, Fla.Stat....
...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. General definitions. §
731.301, Fla.Stat....
...Committee Notes Rule History 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Editorial change in caption of (a). Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.301, FIa.Stat, Notice; method and time; proof....
...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. General definitions. §
731.301, Fla.Stat....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...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. Stat. General definitions. §
731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...Formal notice may be used in lieu of informal notice at the option of the person giving notice. Informal notice is the notice given to interested persons entitled to notice when formal notice is not given or required. Rule History 1975 Revision: Implements F.S. 731.301....
...omplete; 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. F.S.
731.301 Notice; method and time; proof....
...rights. It is not applicable to every pleading and paper served or filed in the administration of a guardianship or decedent’s estate. *1086 Rule History 1984 Revision: New rule. Paragraph (c) is same as former rule 5.040(d). Statutory Reference F.S. 731.301 Notice; method and time; proof....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2288, 1985 Fla. App. LEXIS 16131
...T, Judge. This case involves the time within which an interested person must file a petition to revoke probate of a will. The personal representative named in a will filed a petition for administration and served formal notice thereof as provided in section 731.301(1), Florida Statutes, on all interested parties including appellant, an heir and devisee....
...dministration before the bar of that statute becomes effective, Florida Rule of Probate and Guardianship Procedure 5.040(a)(1) and (2) requires a person served with a copy of a petition for administration to file written defenses within twenty days. Section 731.301(l)(b), Florida Statutes, provides that if no answer is served to a petition for administration within twenty days from its service, the petition shall be considered ex parte....
...As explained in Nardi , the optional provisions of section
733.2123, which preclude challenges to the validity of a will “except in connection with the proceedings before issuance of letters” apply only after strict adherence to all pre-conditional safeguards, particularly those in section
731.301(l)(b), which permit ex parte consideration of a petition for administration only when no answer has been served after twenty days has elapsed after service of the petition for administration....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17446
...No notice of the hearing was given to Feather or Townsend. Heller argues that the Notice of Appearance was insufficient to challenge the will, and that the trial court lacked power to grant Townsend’s motion for an extension of time. We disagree. Section 731.301(l)(b), Florida Statutes (1977), provides: If there is no answer served on the petitioner within 20 days from the service of the petition, the petition shall be considered ex parte....
...“No defect of form impairs substantial rights . ...” Fla.R.P. & G.P. 5.020(a). . See Metcalf v. Langston,
296 So.2d 81 (Fla. 1st DCA 1974). . See In Re Estate of Ulm,
345 So.2d 1099 (Fla. 2d DCA 1977); Mader v. Estate of Rowe,
322 So.2d 45 (Fla. 1st DCA 1975). . F.R.P. & G.P. 5.040; §
731.301(l)(b), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 10998, 1992 WL 296051
...ial pleading. The defendants moved to quash that “process” and to dismiss on the grounds that the court, as the probate court, lacked jurisdiction to hear the claim. The trial court’s denial of the motion brought this non-final appeal. We read section 731.301, Florida Statutes (1991), to allow the less restrictive methods of service of process described therein to apply only to persons who continue to have an interest in the probate estate....
CopyPublished | Supreme Court of Florida
...e 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. Stat. General definitions.
§
731.301, Fla....
CopyPublished | Supreme Court of Florida
...eflect 2011 enactment of section
709.2102(1), Florida Statutes.
Statutory References
- 14 -
§
709.2102(1), Fla. Stat. Definitions.
§
731.201(23), Fla. Stat. General definitions.
§
731.301, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 14 Fla. L. Weekly 1323, 1989 Fla. App. LEXIS 2992, 1989 WL 55984
...CURIAM. This is an appeal of a non-final order granting Centerre Trust Company of St. Louis’s motion to dismiss for lack of jurisdiction over the person. We affirm. The “formal notice” given to Centerre by the Estate of Julia Tyler pursuant to section 731.301(l)(a) was insufficient to obtain jurisdiction over Centerre concerning its activities as co-trustee....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...Citation form changes in committee notes. *852 2002 Revision: Addition of phrases in subdivision CD to add references to wills probated in Florida where the original is in the possession of a foreign official. Editorial changes. Committee notes revised. Statutory References § 731.301, Fla....
...atute. 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. Stat. General definitions. §
731.301, Fla....
...The statement required by this rule is not intended to be jurisdictional but rather to provide evidence of satisfaction (or lack thereof) of the due process requirements. Rule History 2002 Revision: New rule to implement procedures consistent with new section
733.2121, Florida Statutes. Statutory References §
731.301, Fla....
...1992 Revision: Editorial changes to clarify rule. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Rule amended to implement procedures found in section
733.3101, Florida Statutes. Committee notes revised. Statutory References §
731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...1988 Revision: Editorial changes and order of subdivisions rearranged. 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 § 731.301, Fla....
...Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required. Reference in this rule to the terms “mail” or “mailing” refers to use of the United States Postal Service. Rule History 1975 Revision: Implements section 731.301, Florida Statutes....
...1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section 731.301(1), Florida Statutes....
...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. Stat. General definitions. §
731.301, 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. Stat. General definitions. §
731.301, Fla....
...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. *1082 Statutory References §
683.01, Fla. Stat. Legal holidays. § 731.111, Fla. Stat. Notice to- creditors. §
731.301, 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. Stat. General definitions. §
731.301, Fla....
...It is not intended to create a new procedure or modify an existing procedure. *1093 Rule History 1988 Revision: New rule. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2000 Revision: Committee notes revised. Statutory References § 731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
...ess requirements. Rule History 2002 Revision: New rule to implement procedures consistent with new section
733.2121, Florida Statutes. 2003 Revision: Committee notes revised. Statutory References ch. 50, Fla. Stat. Legal and official advertisements. §
731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
...*1124 1988 Revision: Editorial change in caption of (a). Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation, form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.301, 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. Stat. General definitions. §
731.301, Fla....
CopyPublished | Supreme Court of Florida
...Committee notes revised.
Constitutional Reference
[No Change]
Statutory References
§
731.104, Fla. Stat. Verification of documents.
§
731.201(33), Fla. Stat. General definitions.
- 14 -
§
731.301, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...2008 Revision: Subdivision (a) amended to reflect that a guardian advocate may not be required to be represented by an attorney in some instances. Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.301, Fla....
...Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required. Reference in this rule to the terms "mail" or "mailing" refers to use of the United States Postal Service. Rule History 1975 Revision: Implements section 731.301, Florida Statutes....
...1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section 731.301(1), Florida Statutes....
...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. General definitions. §
731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
...ervice in the manner provided for service of formal notice. Committee notes revised. 2008 Revision: Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
683.01, Fla. Stat. Legal holidays. §
731.301, Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 429, 1987 Fla. App. LEXIS 6571
...r payment of claims to creditors and costs of administration. The minor heirs did not file a response to the petition; however, they appeared at the hearing through their natural mothers. Accordingly, the court had jurisdiction over them pursuant to section 731.301, Florida Statutes (1985)....
CopyPublished | Supreme Court of Florida
...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. Stat. General definitions.
§
731.301, Fla....
...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. Stat. General definitions.
§
731.301, Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References § 731.301, Fla....
...Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required. Reference in this rule to the terms “mail” or “mailing” refers to use of the United States Postal Service. Rule History 1975 Revision: Implements section 731.301, Florida Statutes....
...1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section 731.301(1), Florida Statutes....
...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. Stat. General definitions. §
731.301, Fla....
...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. Stat. General definitions. §
731.301, Fla....
CopyPublished | Supreme Court of Florida
...eflect 2011 enactment of section
709.2102(1), Florida Statutes.
Statutory References
- 15 -
§
709.2102(1), Fla. Stat. Definitions.
§
731.201(23), Fla. Stat. General definitions.
§
731.301, Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1854, 1988 Fla. App. LEXIS 3525
...alidate the inter vivos trust into which the estate assets were to pour. Furthermore, Eaton sought to annul Black’s marriage to the deceased. In attempting service on Black, Eaton used the “formal notice” method permitted in probate actions by section 731.301(l)(a), Florida Statutes (1987), and Florida Rule of Probate and Guardianship Procedure 5.040(a)....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 4581, 2004 WL 736385
...return bearer bonds belonging to the estate, which she removed from the State of Florida. We affirm on both issues. First, with respect to personal jurisdiction, appellant was given formal notice of the petition for administration of the estate. See § 731.301(2), Fla....
