Florida Statute 733.2121 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.2121

733.2121 Notice to creditors; filing of claims.—

(1) Unless creditors’ claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative’s attorney, and the date of first publication. The notice shall state that creditors must file claims against the estate with the court during the time periods set forth in s. 733.702, or be forever barred. The notice shall state that a personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, applies, or may apply, unless a written demand is made by a creditor as specified under s. 732.2211.

(2) Publication shall be once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered or, if there is no newspaper published in the county, in a newspaper of general circulation in that county.

(3)(a) The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part, whose claim has been paid in full, or whose claim is listed in a personal representative’s timely filed proof of claim.

(b) The personal representative is not individually liable to any person for giving notice under this section, even if it is later determined that notice was not required. The service of notice to creditors in accordance with this section shall not be construed as admitting the validity or enforceability of a claim.

(c) If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate.

(d) If a decedent at the time of death was 55 years of age or older, the personal representative shall promptly serve a copy of the notice to creditors and provide a copy of the death certificate on the Agency for Health Care Administration within 3 months after the first publication of the notice to creditors, unless the agency has already filed a statement of claim in the estate proceedings.

(e) The personal representative may serve a notice to creditors on the Department of Revenue only when the Department of Revenue is determined to be a creditor under paragraph (a).

(4) Claims are barred as provided in ss. 733.702 and 733.710.

History.—s. 95, ch. 2001-226; s. 9, ch. 2003-154; s. 4, ch. 2005-140; s. 49, ch. 2017-36; s. 12, ch. 2024-238.

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Amendments to 733.2121

Annotations, Discussions, Cases:

Cases Citing Statute 733.2121

Total Results: 17

Miller v. Estate of Baer

837 So. 2d 448, 2002 WL 31757512

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 1527542

Cited 4 times | Published

was re-written and section 733.2121, Florida Statutes was added. Section 733.2121(3)(a) provides: The

Faerber v. DG

928 So. 2d 517, 2006 WL 1328829

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 49343

Cited 3 times | Published

insufficient notice of the claims period. Pursuant to section 733.2121, Florida Statutes (2004), a personal representative

Golden v. Jones

126 So. 3d 390, 2013 WL 5810360, 2013 Fla. App. LEXIS 17204

District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60236431

Cited 2 times | Published

Inc. v. See, 79 So.3d 1, 8 (Fla.2012). Under section 733.2121(3)(a), Florida Statutes (2006), the personal

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

publish the • notice promptly. See § 733.2121(1), Fla. Stat. (2012). Thus, to the extent Karen’s

Carol Ann Jones v. Edward I. Goden, etc.

176 So. 3d 242, 40 Fla. L. Weekly Supp. 517, 2015 Fla. LEXIS 2153, 2015 Fla. App. LEXIS 14652, 2015 WL 5727788

Supreme Court of Florida | Filed: Oct 1, 2015 | Docket: 2863696

Cited 1 times | Published

to creditors was published as required by section 733.2121, Florida Statutes (2006), but neither Harry’s

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

the inclusion of a similar requirement in section 733.2121(3)(d), Florida Statutes (2006). See ch. 2005-140

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

to implement procedures consistent with new section 733.2121, Florida Statutes. 2003 Revision: Committee

Grant, Grant v. Kunke Pr

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369600

Published

creditor of the estate of Elizabeth Kunke under section 733.2121(3)(a), Florida Statutes (2020), and requiring

In Re: Amendments to Florida Probate Rules - 2024 Legislation

Supreme Court of Florida | Filed: Sep 5, 2024 | Docket: 69131363

Published

was created to conform to an amendment to section 733.2121, Florida Statutes, which requires the notice

MARGARETT FIELDS v. ESTATE OF IVA LEE FORD, A/K/A IVA LEE FORD, SR.

District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68836782

Published

representative, in alleged violation of his duty under section 733.2121, Florida Statutes, did not serve her with

Soriano v. Estate of Manes

177 So. 3d 677, 2015 Fla. App. LEXIS 15196, 2015 WL 5965203

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919760

Published

claims period.” Id. Pursuant to section 733.2121, Florida Statutes (2013), the personal representative

Souder v. Malone

143 So. 3d 486, 2014 Fla. App. LEXIS 11760, 2014 WL 3756356

District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 60242343

Published

estate eight days later. In accordance with section 733.2121(1) and (2), Florida Statutes (2011),1 a notice

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

103, Fla. Stat. Evidence as to death or status. § 733.2121, Fla. Stat. Notice to creditors; filing of claims

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

Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims

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

Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims

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

administration; filing of objections and claims. § 733.2121, Fla. Stat. Notice to creditors; filing of claims

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

to implement procedures consistent with new section 733.2121, Florida Statutes. Statutory References