The 2023 Florida Statutes (including 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.

(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.

F.S. 733.2121 on Google Scholar

F.S. 733.2121 on Casetext

Amendments to 733.2121

Arrestable Offenses / Crimes under Fla. Stat. 733.2121

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.2121.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE ESTATE OF ARROYO, Jr. a a v. INFINITY INDEMNITY INSURANCE COMPANY, a, 211 So. 3d 240 (Fla. Dist. Ct. App. 2017)

. . . See, e.g., §§ 733.212, 733.2121, Fla. Stat. (2013). . . .

J. RICHARD C. v. J. RICHARD,, 193 So. 3d 964 (Fla. Dist. Ct. App. 2016)

. . . See § 733.2121(1), Fla. Stat. (2012). . . . the best interests of the estate,” § 733.602(1), and to “promptly publish a notice to creditors.” §'733.2121 . . . See § 733.2121(2), Fla. . . .

SORIANO, v. In ESTATE OF F. MANES,, 177 So. 3d 677 (Fla. Dist. Ct. App. 2015)

. . . Pursuant to section 733.2121, Florida Statutes (2013), the personal representative is required to promptly . . . Importantly, “impracticable and extended searches are not required.” § 733.2121(3)(a). . . .

JONES, v. I. GOLDEN,, 176 So. 3d 242 (Fla. 2015)

. . . In June 2007, a notice to creditors was published as required by section 733.2121, Florida Statutes ( . . . Section 733.2121 outlines the duty of a personal representative to publish a notice to creditors of the . . . representative’s timely filed proof of claim. (4) Claims are barred as provided in ss. 733.702 and 733.710. § 733.2121 . . . Section 733.2121(3)(a) requires a personal representative to “promptly serve a copy of the notice” on . . .

SOUDER, v. MALONE,, 143 So. 3d 486 (Fla. Dist. Ct. App. 2014)

. . . In accordance with section 733.2121(1) and (2), Florida Statutes (2011), a notice to creditors was published . . . Souder observes that section 733.2121(3)(a), Florida Statutes (2011), requires a personal representative . . . Subsections (1) and (2) of section 733.2121 state: (1) Unless creditors’ claims are otherwise barred . . .

I. GOLDEN v. JONES,, 126 So. 3d 390 (Fla. Dist. Ct. App. 2013)

. . . Under section 733.2121(3)(a), Florida Statutes (2006), the personal representative of an estate “shall . . .

L. LUBEE, v. ADAMS, B. B., 77 So. 3d 882 (Fla. Dist. Ct. App. 2012)

. . . Lubee was not served with a copy of the notice to creditors pursuant to sections 733.702(1) and 733.2121 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

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

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.701, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . requirement that should be included in the rule because of the inclusion of a similar requirement in section 733.2121 . . . (amending section 733.2121(3)(d), effective July 1, 2005). . . . No Change] Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121 . . . decedent’s death certificate on the Agency for Health Care Administration, as is now required by section 733.2121 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . NO CHANGE] Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121 . . .

FAERBER, A. Jr. A. Jr. v. D. G., 928 So. 2d 517 (Fla. Dist. Ct. App. 2006)

. . . Pursuant to section 733.2121, Florida Statutes (2004), a personal representative must publish notice . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.701, Fla. Stat. . . . Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida . . . Notice. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.702, Fla. Stat. . . . Notice of administration; filing of objections. § 733.2121, Fla. Stat. . . . Statutory References § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 734.102, Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.508, — Flat-Stat. . . . -Notice of administration; filing of-ohjectionfe § 733.2121, Fla. Stat. . . . Notice. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.702, Fla. Stat. . . . Notice of administration; filing of objections- and claims. § 733.2121, Fla. Stat. . . . Notice of administration; — filing of objections -and claims. § 733.2121, Fla. Stat. . . .

MILLER, v. ESTATE OF BAER, FSB,, 837 So. 2d 448 (Fla. Dist. Ct. App. 2002)

. . . Effective January 1, 2002, section 733.212 was re-written and section 733.2121, Florida Statutes was . . . Section 733.2121 (3)(a) provides: The personal representative shall promptly make a diligent search to . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida . . . Notice. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.702, Fla. Stat. . . .