CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 31757512
...We do not find the remaining points raised by the appellants to be persuasive and affirm without discussion. POLEN, C.J., and GUNTHER, J., concur. NOTES [1] Lisa Benedict is not a party to this appeal. [2] Effective January 1, 2002, section
733.212 was re-written and section
733.2121, Florida Statutes was added. Section
733.2121(3)(a) provides: 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....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1328829
...that the deadline to file a claim against the Estate was November 25, 2004. On February 28, 2005, D.G. *518 petitioned for allowance to file a late claim against the Estate, alleging that he had insufficient notice of the claims period. Pursuant to section 733.2121, Florida Statutes (2004), a personal representative must publish notice to creditors of the time to file a claim on an estate in a newspaper in the county where the estate is administered, once a week for two consecutive weeks....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 5810360, 2013 Fla. App. LEXIS 17204
...The Cadle Co., II, Inc.,
839 So.2d 876, 879 (Fla. 4th DCA 2003). However, to the extent this issue turns on a question of statutory interpretation, the standard of review is de novo. W. Fla. Reg’l Med. Ctr., Inc. v. See,
79 So.3d 1, 8 (Fla.2012). Under section
733.2121(3)(a), Florida Statutes (2006), the personal representative of an estate “shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable ......
CopyCited 1 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 517, 2015 Fla. LEXIS 2153, 2015 Fla. App. LEXIS 14652, 2015 WL 5727788
...ee.
I. BACKGROUND
-2-
Harry Jones died in February 2007 and his estate was opened in April 2007.
In June 2007, a notice to creditors was published as required by section 733.2121,
Florida Statutes (2006), but neither Harry’s ex-wife, Katherine Jones, nor her
guardian1 were ever served with a copy of the notice....
...served with a copy of the notice to creditors are timely if filed within two years of
the decedent’s death.
A. Relevant Statutes
Three sections of the Florida Probate Code are relevant to our resolution of
the conflict presented. Section 733.2121 outlines the duty of a personal
representative to publish a notice to creditors of the pending administration of an
estate and to serve a copy of the notice to creditors on known or reasonably
ascertainable creditors....
...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.
....
(4) Claims are barred as provided in ss.
733.702 and
733.710.
§
733.2121, Fla....
...n
publication of the notice to creditors and ends three months after the date of the
first publication.
Creditors who are known or reasonably ascertainable need not rely on
publication for notice of the pending administration of an estate. Section
733.2121(3)(a) requires a personal representative to “promptly serve a copy of the
notice” on those creditors who are known or reasonably ascertainable after a
diligent search....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 WL 2340787, 2016 Fla. App. LEXIS 6747
...In addition, the publication of the notice to creditors can reasonably
be described as both a duty and a power of the personal representative. The
personal representative is the only person authorized to publish a valid notice to
creditors6 and the personal representative is obligated to publish the notice
promptly. See § 733.2121(1), Fla....
...the duties of a personal representative to “settle and distribute the estate of the
decedent . . . as expeditiously and efficiently as is consistent with the best interests
of the estate,” §
733.602(1), and to “promptly publish a notice to creditors.” §
733.2121.
CONCLUSION
7 By way of example, section
733.604 imposes a duty upon a personal
representative to “file a verified inventory of property of the estate.” Under
Karen’s dichotomous construction, if the personal representativ...
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...tive. Service on one creditor by a chosen method shall not preclude service on another creditor by another method. (b)-(d) [NO CHANGE] *1179 Committee Notes [NO CHANGE] Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...ealth Care Administration is required, it must be accompanied by a death certificate. This requirement is deemed by the Committee to be a procedural requirement that should be included in the rule because of the inclusion of a similar requirement in section 733.2121(3)(d), Florida Statutes (2006). See ch. 2005-140, § 4, Laws of Fla. (amending section 733.2121(3)(d), effective July 1, 2005)....
...NOTICE TO CREDITORS (a) (d) [No Change] (e) Service of Death Certificate. If service of the notice on the Agency for Health Care Administration is required, it shall be accompanied by a death certificate. Committee Notes [No Change] Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes....
...2005 Revision: Subdivision (a) amended to clarify approved methods of service on creditors. Committee notes revised. 2007 Revision: New subdivision (e) added to require service of a copy of the decedent's death certificate on the Agency for Health Care Administration, as is now required by section 733.2121(3)(d), Florida Statutes....
CopyPublished | Supreme Court of Florida
was created to conform to an amendment to section
733.2121, Florida Statutes, which requires the notice
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...er certain powers of appointment. §
732.901, Fla. Stat. Production of wills. §
733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2121, 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....
...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. Stat. Notice. §
733.2121, Fla....
...considered for probate. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. *1210 Statutory References §
731.201(1), Fla. Stat. General definitions. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2121, Fla....
...Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Deletion of reference to intestate estates in subdivision (a) to conform to 2001 amendments to section
734.1025, Florida Statutes. Editorial changes throughout. Statutory References §
733.2121, Fla....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...Rule History 1980 Revision 2003 Revision [No Change] 2010 Revision: Committee notes revised. *582 Statutory References §
28.222(3)(g), Fla. Stat. Clerk to be county recorder. §
382.008(6), Fla. Stat. Death and fetal death registration. §
731.103, Fla. Stat. Evidence as to death or status. §
733.2121, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 15196, 2015 WL 5965203
...If the court does not extend
the time for filing an otherwise untimely claim, the claim is barred. §
733.702(3).
“An extension may be granted only upon grounds of fraud, estoppel, or insufficient
notice of the claims period.” Id.
Pursuant to section
733.2121, Florida Statutes (2013), the personal
representative is required to promptly (1) publish a notice to creditors once a week
for two consecutive weeks in a newspaper published in the county where the estate
is administered; (2) mak...
...creditors of the decedent who are reasonably ascertainable, even if the claims are
unmatured, contingent or unliquidated, and promptly serve a copy of the notice on
those creditors. Importantly, “impracticable and extended searches are not
required.” §733.2121(3)(a).
The issue in this case is whether Soriano was a “reasonably ascertainable
creditor,” such that she was entitled to personal service of the notice to creditors.4
4 Ms....
CopyPublished | Florida 2nd District Court of Appeal
...M.
Campbell, Judge.
Jennifer Grant and Geoffrey Grant, pro se.
Russell R. Winer, St. Petersburg, for Appellee.
KELLY, Judge.
In this probate action, Jennifer and Geoffrey Grant appeal from the
order finding that Geoffrey was not a reasonably ascertainable creditor of
the estate of Elizabeth Kunke under section 733.2121(3)(a), Florida
Statutes (2020), and requiring Jennifer to amend her claim for
caretaking services or to file an independent civil action to defend her
claim....
...Thereafter, on July 18, 2023, a hearing was held on the parties'
numerous motions and pleadings.2 The central issue was whether
Jennifer and Geoffrey were "reasonably ascertainable creditors" entitled
to notice of the administration of the estate under section 733.2121(3)(a).
Section 733.2121(3)(a) requires the personal representative to "promptly
make a diligent search to determine the names and addresses of
creditors of the decedent who are reasonably ascertainable" and to serve
2 Most of the motions were objecti...
...(Emphasis added.) The
notice of the administration of the estate is to inform creditors that they
must file claims against the estate during the time periods set forth in
section
733.702 or their claims will be barred unless the court grants an
extension of time. See §§
733.2121(3)(a), .702(3)....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...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. Stat. Notice. §
733.2121, Fla....
CopyPublished | Florida 6th District Court of Appeal
...This statute sets forth
certain time limitations for a creditor to then file a claim against the estate. Much of
Fields’s argument here for reversal centers around the fact that she was a reasonably
ascertainable creditor of the estate, but the personal representative, in alleged
violation of his duty under section 733.2121, Florida Statutes, did not serve her with
a copy of the notice to creditors....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...powers of appointment. §
732.901, Fla. Stat. Production of wills. §
733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative. §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.2121, Fla....
...Deletes subdivision (a)(3) referring to family administration, and renumbers subsequent subdivisions. Committee notes revised. Statutory References §
731.103, Fla. Stat. Evidence as to death or status. §
733.212, Fla — Stat.-Notice of administration; filing of-ohjectionfe §
733.2121, 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. 2003 Revision: Committee notes revised. Statutory References ch. 50, Fla. Stat. Legal and official advertisements. §
731.301, Fla. Stat. Notice. §
733.2121, Fla....
...ument to be filed under this rule and considered for probate. 2003 Revision: Committee notes revised. Statutory References § 731.111, Fla. Stat. Notice to creditors. §
733.212, Fla. Stat. Notice of administration; filing of objections- and claims. §
733.2121, Fla....
...Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.111, Fla. Stat. Notice to creditors. §
733.212, Fla. Stat. Notice of administration; — filing of objections -and claims. §
733.2121, Fla....
...1999 Revision: Reference to repealed rule deleted from committee notes. 2003 Revision: Committee notes revised. Statutory References §
731.104, Fla. Stat. Verification of documents. § 731.111, Fla. Stah-N-etiee to creditors- §
733.212, Fla.-Stah-N-otiee of administration; — filing of— objections and claims- §
733.2121, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...er certain powers of appointment. §
732.901, Fla. Stat. Production of wills. §
733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.2121, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 11760, 2014 WL 3756356
...Because Souder’s claims were untimely filed, we affirm. Robina Malone died testate on April 25, 2011. Her son, Jason Malone, filed a petition for administration on June 20, 2011, and was appointed personal representative of the estate eight days later. In accordance with section 733.2121(1) and (2), Florida Statutes (2011), 1 a notice to creditors was published with the first publication date being July 10, 2011....
...the court for an extension of time in which to file his claims. On appeal, Souder contends that the probate court erred in striking his claims before first determining whether he was a known or reasonably ascertainable creditor. Souder observes that section 733.2121(3)(a), Florida Statutes (2011), requires a personal representative to promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and serve them with a copy of the notice to creditors....
...r, alternatively, may seek an extension from the probate court pursuant to section
733.702(3) within the two-year window set forth in section
733.710. Lubee,
77 So.3d at 884 . AFFIRMED. TORPY, C.J. and COHEN, J., concur. . Subsections (1) and (2) of section
733.2121 state: (1) Unless creditors’ claims are otherwise barred by s.733.710, the personal representative shall promptly publish a notice to creditors....
