The 2023 Florida Statutes (including Special Session C)
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. . . Section 8 of chapter 2011-183, Laws of Florida, amended section 733.212(2)(b), Florida Statutes (2010 . . . In response to the amendment to section 733.212(2)(b), in 2011, the FPR Committee proposed a fast-track . . .
. . . prejudice for failure to file , a pleading satisfying the statutory requirements set forth in section 733.212 . . . neither the emergency petition nor the counterpetition satisfied the statutory requirements of section 733.212 . . . Pursuant to section 733.212(3), interested parties are barred from requesting the court to revoke the . . . of the notice of administration on the objecting person, or those objections are forever barred. § 733.212 . . . Further, by finding that appellant’s pleadings were insufficient under section 733.212(3), the court . . .
. . . See, e.g., §§ 733.212, 733.2121, Fla. Stat. (2013). . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. . . .
. . . (amending section 733.212, Florida Statutes, to delete the phrase “the qualifications of the personal . . . Unless sooner barred by section 733.212(3), Florida Statutes, any objections to the validity of a will . . . Unless sooner barred by section 733.212(3), Florida Statutes, all objections to the validity of a will . . . [No Change] 2015 Revision: Subdivisions (b)(3) and (d) amended to conform to amendments to section 733.212 . . . The 2011 Revision contains a scrivener’s error and it should reference section 733.212, Florida Statutes . . .
. . . Stat. (2012), defining “qualified beneficiary,” subsection (16); amending § 733.212(l)(c), Fla. . . .
. . . Venue of probate proceedings. bate. o & I© 2 o s o CO 3 F OO S’ CO CO § 733.212, Fla. Stat. . . .
. . . commenced by “[a]ny interested person, including a beneficiary under a prior will, unless barred under s. 733.212 . . .
. . . He again argued that appellants’ petition was time-barred under section 733.212(3). . . . Section 733.212(3), Florida Statutes (2005), provides: Any interested person on whom a copy of the notice . . . challenging the will and the qualifications of the personal representative were untimely under section 733.212 . . . Moreover, the time period under section 733.212(8) cannot be extended absent fraud, misrepresentation . . . Davis, 70 So.3d 572, 573-74 (Fla.2011) (holding that section 733.212(3) bars an objection to the qualifications . . .
. . . Code, “[a]ny interested person, including a beneficiary under a prior will, unless barred under s. 733.212 . . .
. . . .; amending § 733.212, Fla. Stat. (2010); providing effective date). . . . Consistent with statutory changes made by chapter 2011-183, section 8, Laws of Florida (amending § 733.212 . . . Revocation of probate. § 733.212, Fla. Stat. . . .
. . . For the reasons explained below, we hold that section 733.212(3) bars an objection to the qualifications . . . However, we disapprove Angelus to the extent that it holds section 733.212(3) does not bar objections . . . Examination of the text of section 733.212(3) is our first task. . . . representative who was never eligible to serve is unsupported by the text of section 733.212(3). . . . Thus, our decision in this case is limited to objections filed pursuant to section 733.212(3). . . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. . . .
. . . appellant’s motions to disqualify appellee as personal representative were time barred pursuant to section 733.212 . . . not filed within three months after service of the notice of administration as required by section 733.212 . . . Section 733.212, Florida Statutes (2007), provides in pertinent part: (3) Any interested person on whom . . . The Third District explained: The three-month statute of limitations period contained in Section 733.212 . . . Although section 733.212(3) and section 733.304 are found in separate parts of the Florida Probate Code . . .
. . . . § 733.212, Fla. Stat. (2007). . . .
. . . court found that David, as the personal representative, failed to comply with Florida Statutes, section 733.212 . . .
. . . Under the Florida Probate Code 733.212(3), any objection to the validity of the will must be served with . . . The Wife contends that the statute, section 733.212(3), Florida Statutes (2006), requires only the “filing . . . The Daughters respond that section 733.212 is implemented by Florida Probate Rules 5.025, 5.040, and . . . Section 733.212(3) provides: Any interested person on whom a copy of the notice of administration is . . . Further, the trial court’s conclusion that section 733.212(3) requires service of formal notice within . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. . . . Waiver and consent by interested person. § 733.212, Fla. Stat. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . . Suspension of statutes of limitation in favor of the personal representative. § 733.212, Fla. Stat. . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. . . . notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 . . . revised. 2005 Revision: Subdivision (a)(3) amended to make it consistent with 2003 change to section 733.212 . . . Revocation of probate. § 733.212, Fla. Stat. . . . Revocation of probate. § 733.212, Fla. Stat. . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . .
. . . . § 733.212(1), Fla. Stat. (2004). . . .
. . . Therefore, pursuant to section 733.212(3), Florida Statutes, Appellant’s claims are barred. . . . to California, the objection was untimely when not filed within the three-month limit under section 733.212 . . . For the purpose of overcoming the bar of section 733.212(3), Appellant contends that an issue of domicile . . . This would render section 733.212(3) meaningless and would contravene Florida’s public policy as expressed . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . . Revocation of probate. § 733.212, Fla. Stat. . . . Revocation of probate. § 733.212, Fla. Stat. . . . General definitions. § 733.212, Fla. Stat. . . .
. . . It is undisputed that, pursuant to section 733.212, Florida Statutes, governing notice to creditors, . . . We note that the legislature has subsequently amended section 733.212. . . . Section 733.212(a) now provides: The personal representative shall promptly make a diligent search to . . .
. . . See also § 733.212(3), Fla. . . .
. . . . § 733.212(3), Fla. . . . See § 733.212(1), Fla. . . . since Sarah was purportedly served with formal notice of the probate proceedings pursuant to section 733.212 . . .
. . . should be dismissed because it had not been filed within the three-month time period required by Section 733.212 . . . Section 733.212 states that: “Any interested person on whom a copy of the notice of administration was . . . services as personal representative did not harm the estate, we disagree with the conclusion that Section 733.212 . . . The three-month statute of limitations period contained in Section 733.212(3) does not apply to bar Angelus . . . Simply, Section 733.212(3) does not provide the trial court with discretion to allow a legally unqualified . . .
. . . The adoption of section 733.212, Florida Statutes (1979), eliminates the need for subdivision (d) because . . .
. . . whom letters of administration have been issued so that the publication and notice requirements of s. 733.212 . . . reference in section 737.3057(1) to a failure to discharge "the publication and notice requirements of s. 733.212 . . .
. . . Notice; when-required-T § 733.212, Fla. Stat. . . . Notice; when required. § 733.212, Fla. Stat. . . . Notice to creditors. § 733.212, Fla. Stat. . . . Notice to creditors. § 733.212, Fla. Stat. . . . Stah-N-etiee to creditors- § 733.212, Fla. . . .
. . . Pursuant to section 733.212(4)(a), Florida Statutes (2000): The personal representative shall promptly . . . He reminds us that section 733.212(4)(a) does not require impracticable and extended searches. . . . that the personal representative’s search was not sufficient to satisfy the requirements of section 733.212 . . .
. . . Under the statutes that existed at the time of the decedent’s death, section 733.212(1), Florida Statutes . . . In addition, section 733.212(4)(a) provided: The personal representative shall promptly make a diligent . . . Mussano complied with section 733.212(1) and published a notice of administration on December 4,1996. . . . Creditors that were not entitled to actual notice under section 733.212(4)(a) had until March 4, 1997 . . . Effective January 1, 2002, section 733.212 was re-written and section 733.2121, Florida Statutes was . . .
. . . . § 733.212, Fla. Stat. Notice of administration; fifing of objections and claims. . . . notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 . . . Revocation of probate. § 733.212, Fla. Stat. . . .
. . . a contingent claim and therefore Cianci was not entitled to creditor notice as provided by section 733.212 . . . extension for the filing of her claim inasmuch as this is one of the statutory relief provisions in section 733.212 . . . Probate R. 5.240; § 733.212(4)(a), Fla. . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla. . . . Notice; when required. § 733.212, Fla. Stat. . . .
. . . Section 733.212(4)(a), Florida Statutes, provides that a personal representative is required to “promptly . . . those creditors a copy of the notice within three months after the first publication of the notice.” § 733.212 . . . While actual notice under section 733.212(4)(a) is owed only to ascertainable creditors, not to contingent . . .
. . . Owens does not render inadequate the remedy provided by section 733.212(l)(b), Florida Statutes (1993 . . . Although the short period for objections under section 733.212(5) undoubtedly results in the failure . . .
. . . her petition for revocation of probate for failure to file a statement of claim pursuant to section 733.212 . . . We agree, however, with appellant’s argument that she was not barred by section 733.212 from challenging . . . Without a new notice of administration, the three-month limitation period of section 733.212(l)(b) did . . . Section 733.212 requires that the personal representative publish a notice of administration. . . . .” § 733.212(b), Fla. Stat. . . .
. . . the publication notice to creditors provided by the personal representative comported with sections 733.212 . . .
. . . Section 733.212(3), however, does not require notice to be served on devisees of prior wills. . . . .” § 733.212(3)(c), Fla. Stat. (1995). . . .
. . . ) Any interested person, including a beneficiary under a prior will, except those barred under Sec. 733.212 . . .
. . . Section 733.212(4)(a), Florida Statutes, provides that a personal representative is required to “promptly . . .
. . . Section 733.212(5), Florida Statutes (1993), provides that: Objections under paragraph (l)(b), by persons . . .
. . . Section 733.212(3). . . . Section 733.212. . . .
. . . finding that its Petition for Revocation of Probate of Codicil is barred as untimely pursuant to sections 733.212 . . . Section 733.212(3), Florida Statutes (1995), requires the personal representative to serve a copy of . . . not file its Petition for Revocation of Probate of Codicil within the time period stated in sections 733.212 . . .
. . . . § 733.212, Fla.Stat. . . . Notice; when required. § 733.212, Fla.Stat. . . . notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 . . . Revocation of probate. § 733.212, Fla.Stat. . . . Notice to creditors. § 733.212, Fla.Stat. . . .
. . . Pav-lick’s petition was untimely filed and barred by section 733.212, Florida Statutes (1993). . . . Section 733.212(l)(b) provides that interested persons who receive notice of the administration must . . . Objections not filed within the specified period are forever barred by section 733.212(5). Mr. . . . Pavlick complied with the requirements of section 733.212(l)(b) by filing his initial objection before . . . He filed and served his petition for revocation, however, after the time period set forth in section 733.212 . . .
. . . good faith in failing to acknowledge [Isler’s] claim and to provide [Isler] with prompt notice under § 733.212 . . . Second, as to the trial court’s finding regarding the failure to provide prompt notice under § 733.212 . . . Section 733.212(4)(a), provides, in pertinent part: The personal representative shall promptly make a . . .
. . . Section 733.212(4)(a), Florida Statutes (1993), provides: The personal representative shall promptly . . .
. . . Under section 733.212(4)(a), Florida Statutes (1993), a personal representative is required to serve . . .
. . . affidavits that they were not served notice of administration in accordance with the mandate of section 733.212 . . .
. . . Section 733.212, Fla.Stat. (1987). . . .
. . . months of the date of the first publication of the Notice of Administration, required pursuant to Sec. 733.212 . . .
. . . Costs and attorney fees. 733.212, Fla.Stat. . . . Notice; when required. § 733.212, Fla.Stat. . . . Notice; when required. § 733.212, Fla.Stat. . . . Notice to creditors. § 733.212, Fla.Stat. . . . Notice to creditors. § 733.212, Fla.Stat. . . .
. . . deleted, effective October 1, 1991, in order to make the rule consistent with amendments to sections 733.212 . . . DCA 1988), reversed an order denying a motion for an extension of time on the authority of sections 733.212 . . .
. . . I agree with the majority that the purpose of sections 733.212 and 733.702, Florida Statutes (1985), . . . Section 733.212 reads, in pertinent part: 733.212 Notice of administration; filing of objections and . . . court, within 3 months of the first publication of the notice: (a) All claims against the estate. § 733.212 . . . within the statutory period permitted by section 733.702, satisfies the filing requirements of sections 733.212 . . .
. . . . § 733.212, Fla.Stat. . . . notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 . . . Revocation of probate. § 733.212, Fla.Stat. . . .
. . . incomplete, being even less than the information prescribed to be given under Sections 733.701 and 733.212 . . .
. . . Section 733.212, Florida Statutes (1989), provides that an “interested person” may file an objection . . .
. . . taxpayers should contain a statement similar to that found in the Florida probate nonclaim statute (section 733.212 . . .
. . . petitioner and she is unquestionably an interested person, she is entitled to notice under section 733.212 . . .
. . . Section 733.212, Fla.Stat. . . .
. . . Pursuant to section 733.212, Florida Statutes (1987), a personal representative is under a statutory . . . We hold that under section 733.212, “prompt notice” means that which should be accomplished by a reasonably . . .
. . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . .
. . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . .
. . . Jara, deceased, pursuant to Florida’s nonclaim statutes, sections 733.212 and 733.702, Florida Statutes . . . The issue, as phrased by the appellant, is whether sections 733.212 and 733.702 violate the notice requirements . . .
. . . The Court finds that the claims statute § 733.212, Fla. . . .
. . . Subsequently, pursuant to Sections 731.301(1), 733.212, and 733.2123, Florida Statutes (1983), formal . . .
. . . As provided in section 733.212, Florida Statutes, the personal representative filed a notice of administration . . . Section 733.109(1), Florida Statutes, provides that any interested person “except those barred under s. 733.212 . . . Section 733.212 does not bar appellant because the record on appeal does not show that he was served . . . administration (as distinguished from the notice of the petition for administration) as required by section 733.212 . . . As long as not barred by either section 733.212 or 733.2123, any interested person is permitted by section . . .
. . . Section 733.212, Florida Statutes (1983), requires the personal representative to publish a notice of . . .
. . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . .
. . . For much the same reason, we likewise disagree with the contention that this action is barred by Sec. 733.212 . . .
. . . See § 733.212, Fla.Stat. . . .
. . . It is Baron’s position that the time constraints of Sections 733.212 and 733.2123, Florida Statutes ( . . . (1) Any interested person, including a beneficiary under a prior will, except those barred under s. 733.212 . . . In this case the strict requirements of Sections 733.212 and 733.2123 were not complied with. . . . Baron was not served with the Notice of Administration as required by Section 733.212(l)(b), nor was . . . Section 733.212 provides in pertinent part: (1) The personal representative shall promptly publish a . . .
. . . 1.210(a), whose interests are represented by Arthur as personal representative of the estate, see § 733.212 . . .
. . . . §§ 732.212, 733.212, 733.702, Fla.Stat. (1979). . . .
. . . Shortly thereafter, a notice of administration was duly published as provided by Section 733.212, Florida . . . any time before discharge under Section 733.-109(1), Florida Statutes (1979), or, if, as here, Sec. 733.212 . . . ) is complied with, within three months of the first publication of the notice of administration. § 733.212 . . . procedural one and is in no sense a statute of limitations or a mandatory non-claim provision such as Sec. 733.212 . . .
. . . The adoption of section 733.212, Florida Statutes (1979), eliminates the need for subdivision (d) because . . .
. . . more than 90 days after the first publication of the notice of administration in violation of Section 733.212 . . . should be construed as a timely objection challenging the validity of the will pursuant to Section 733.212 . . . We do, however, agree with appellant that he has complied with the requirements of Section 733.212(1) . . .
. . . period within which claims must be filed); Section 732.801 (time for filing a disclaimer); and Section 733.212 . . .
. . . Section 733.212(1) and (2), the notice shall be published “once a week for 2 consecutive weeks, two publications . . . Section 733.212(1) and (3) within which objections to distribution and claims for distribution may be . . .
. . . Pursuant to Section 733.212(1), Florida Statutes (1975), the personal representative published and served . . . renunciation had not been made within the three month time period for contesting the will provided by Section 733.212 . . .
. . . Substantially the same as and procedurally carries out intent of FPC 733.212. RULE 5.260. . . .