CopyCited 34 times | Published | Supreme Court of Florida | 2000 WL 1707159
...th action could lie against INIC. Mr. May opposed INIC's motion for summary judgment on various grounds, arguing that (1) Mr. Prockup's counter-petition for administration filed in the Bradley Estate probate proceedings satisfied the requirements of section
733.703, Florida Statutes (1991), and provided sufficient notice of the claim in satisfaction of sections
733.702 and
733.710; (2) the co-personal representatives of the Bradley Estate waived the time limitations established by sections
733.702 and
733.710 by failing to raise Mr....
...In the opinion certifying the present question to this Court, the Eleventh Circuit has suggested that, under Florida law, Mr. Prockup's petition for the appointment of an administrator ad litem and his counter-petition for administration failed to constitute a sufficient statement of claim under section 733.703, Florida Statutes (1991), and Florida Probate Rule 5.490(a)....
...The Second District acknowledged that to present a claim against a decedent, a creditor must file a written statement of the claim indicating the basis of the claim, the amount of the claim, whether the claim is contingent or unliquidated, and, if contingent or unliquidated, the nature of the uncertainty. See id. (citing section 733.703, Florida Statutes (1981))....
...(citing section
733.704, Florida Statutes (1981)). With these principles in mind, the Second District held that both the claimant's motion in the independent action and the petition in the probate court stated the basis of the claim in a manner sufficient to satisfy the requirements of sections
733.703....
...Finally, similar to the decision in Notar, we would conclude that Mr. Prockup's petition for the appointment of an administrator ad litem and his counter-petition for administration were defective, if at all, only as to the caption on the document, not substance. Section 733.703(1), Florida Statutes (1991), requires a creditor to file a "written statement of the claim" in probate proceedings involving a decedent's estate....
...As ongoing litigation, it was clear that the damages being sought in such action were undetermined and unliquidated. Under these particular circumstances, it would be placing form over substance to hold that the petition and counter-petition did not satisfy the essential requirements of section 733.703 and rule 5.490(a)....
CopyCited 23 times | Published | Supreme Court of Florida | 1991 WL 188309
...This legal principle seems to have been disregarded by the court in Steigman v. Danese,
502 So.2d 463 (Fla. 1st DCA 1987). In this case the court suggests that the filing of a civil action within the statutory period permitted by F.S.
733.702 satisfies the filing requirement of F.S.
733.703....
...s approach is incorrect. Filing a court action as an alternative to, or as the equivalent of, the filing of a claim in the probate court was permitted under prior law, specifically former F.S. 733.16(1). It is not now allowed. See F.S.
733.702(2). F.S.
733.703 relates to the form and manner of representing the claim in probate court....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 265
...Droze seek review of a summary final order which dismissed their fourth amended complaint with prejudice. Appellants contend the dismissal was improper if predicated on any of the following grounds: (1) the sufficiency of the allegations of the complaint, (2) the failure to comply with the provisions of sections
733.702 and
733.703, Florida Statutes, and (3) the statute of limitations or the doctrine of laches....
...Danese to state a cause of action for "resulting trusts," Count III states a cause of action for constructive trust, and Count IV states a cause of action for constructive fraud. Appellants' second argument is addressed to their purported failure to comply with the provisions of sections
733.702 and
733.703, Florida Statutes....
...r other wrongful act or omission of the decedent, shall be binding on the estate, on the personal representative, or on any beneficiary unless presented: (a) Within 3 months from the time of the first publication of the notice of administration, ... Section 733.703 provides: 733.703 Form and manner of presenting claim....
...dered a presentation of her claim. Similarly, in Koschmeder v. Griffin,
386 So.2d 625 (Fla. 4th DCA 1980), the inference arises that filing a civil action within the statutory period prescribed by section
733.702 satisfied the filing requirements of section
733.703....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...e considered a presentation of her claim, then she also complied with this three-year nonclaim period. In order to present a claim against a decedent, a creditor must file a written statement of the claim indicating its basis and the amount claimed. § 733.703, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...m recognized within the time period prescribed in Fla. Stat. § 733.16(1) (1973), now replaced by Fla. Stat.
733.702 (Supp. 1974). The new probate chapter includes the following section, which further indicates that contingent claims must be filed: "
733.703 Form and manner of presenting claim....
...ttorney and the amount claimed. The claim is presented when filed. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated ..." Fla. Stat. § 733.703 (Supp....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...§
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. *970 §
733.305, Fla. Stat. Trust companies and other corporations and associations. §
733.702, Fla. Stat. Limitations on presentation of claims. §
733.703, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...bate and Guardianship Procedure 5.490 provided: Copy mailed to attorney for the personal representative on 7/8/80. CLERK OF THE CIRCUIT COURT. By A. Lewis. [emphasis supplied] Florida Rule of Probate and Guardianship Procedure 5.490 is reinforced by Section 733.703, Florida Statutes (1979), which plainly requires the clerk of the court to furnish a copy of the statement of claim to the personal representative and note the fact on the original....
...denied,
136 So.2d 348 (Fla. 1961). As in the instant case, the latter rule redounds to the benefit of the estate under the facts presented. The statutory mode of providing the personal representative with notice of a creditor's claim is plainly set forth in Section
733.703, supra, and in Florida Rule of Probate and Guardianship Procedure 5.490....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 115
...Appellee, as personal representative, filed a motion to strike the claim on the sole ground that the claim was void ab initio because it was presented by a corporation and not signed by an attorney at law. At the hearing, at which appellant was represented by counsel, the court granted the motion and struck the claim. Section 733.703, Florida Statutes (1983), states, in pertinent part: Form and manner of presenting claim....
...§
731.201(4) (1983). The word "creditor" is generally defined as a person to whom a debt is owing by another person, who is the debtor. Black's Law Dictionary, (rev. 5th ed. 1979). Thus a creditor is one who holds a "claim." Appellee insists that we should construe section
733.703 to mean that individual creditors may file a claim in proper person but, because corporations may not practice law, corporations may file their claims only through an attorney....
...all interested persons to file with the court, within three months of the first publication of the notice, all claims against the estate. Section
1.01(3), Florida Statutes (1983) defines "persons" as including corporations. Read in pari materia with section
733.703, these statutes permit corporate creditors as well as individual creditors to file their claims in the estate....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 78223
...aim for default interest was not properly filed because it was not a correction of a prior claim. It therefore disallowed the default interest sought by First Union. Although it may be a better practice to attach the note, there is no requirement in section
733.703, Florida Statutes (1991), nor in Florida Probate Rule 5.490(a) that a copy of a written document upon which a claim is based must be attached to the statement of claim. The statement of claim must be sufficient to put the estate on notice of the basis of the claim. Bell v. Harris,
381 So.2d 1167 (Fla. 1st DCA 1980); §
733.703....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...claim by failing to file a legally sufficient statement of claim against the Bradley estate.
To preserve a claim against a decedent's estate in Florida, a claimant must file a written statement of
the claim within statutorily prescribed time periods. See §§
733.702,
733.703,
733.710, Fla....
...decedent's liability insurance coverage from claims such as this one for amounts in excess of the limits of
defendant's liability coverage.
A claimant must file a written statement of claim to preserve that claim against the decedent's estate.
See § 733.703, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...It dismissed counts II and III on the basis that they alleged a series of loans or future advances that were not specifically set forth in the agreement attached and that since they were outside the attached agreement they were also then beyond the scope of the claim filed in the estate and did not comply with section 733.703, Florida Statutes (1979). We cannot accept that construction of the agreement attached or section 733.703....
...h. Because the documents, if any, which represented the future advances were not attached to the claim filed in the estate nor to the various complaints does not cause any of them to be defective so long as the basic agreement was attached and pled. Section 733.703, Florida Statutes, provides that a creditor shall file a statement of claim "indicating its basis" (emphasis added)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...Appellant thereafter filed a motion to extend the time for filing objections, which was denied by the court. As a preliminary to our consideration of the points raised on appeal, we have examined the procedure the Clerk must follow *1262 when claims are filed. Section 733.703, Florida Statutes, governing the form and manner of presenting claims, provides in part: "... A creditor shall deliver a copy of the claim to the Clerk who shall furnish the copy to the personal representative and note the fact on the original." (Section 733.703) The above sentence, prescribing the duty of the Clerk with respect to copies of claims, was strictly complied with by the Clerk in this instance....
...That rule in turn specifies that service of pleadings subsequent to the initial pleading "shall be made upon the attorney unless service upon the party is ordered by the court". We think there is a distinction to be made between the requirements of the statute (Section 733.703) and the Rule (5.040, Fla.R.P....
...f Johnson's claim, but disagree with its affirmance of the trial court's order which denied appellant's motion for extension of time since I believe the service upon the personal representative only, and not upon his attorney, was ineffective. While Section 733.703, Florida Statutes (1977), provides that the clerk "shall furnish the copy [of the claim] to the personal representative and note the fact on the original ...", I do not believe the statute requires service of the claim upon the personal representative when he is represented by an attorney....
...it after service of objection by mail." Id. at 1009. I think the same analysis applies *1264 here: that the rules of procedure prescribing service of a claim upon a personal representative or his attorney are cumulative to the procedure set forth in Section 733.703....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5965, 2010 WL 1727842
...THE PARTIES' ARGUMENTS At the hearing on her motion to strike, the Personal Representative argued that the Sewells' class claim did not meet the requirements of the Code and the Florida Probate Rules. In particular, the Personal Representative relied on section 733.703, Florida Statutes (2007), and Florida Probate Rule 5.490. Section 733.703(1) states, in pertinent part, as follows: "A creditor shall file a written statement of the claim." Rule 5.490(a) provides the essential details concerning the formal requirements of the requisite statement of claim: Form....
...vailing. D. Exploring the Issue of Class Claims in Probate 1. Introduction: The Code and the Rules Our conclusion that Gay cannot be distinguished leads us to the question of whether the Code sheds any light on the propriety of filing a class claim. Section 733.703 addresses the subject of "Form and manner of presenting claim." But the statute tells us only that "[a] creditor shall file a written statement of the claim." As we have seen, rule 5.490(a) adds essential details to the statute's bare requirement that a creditor file a written statement of claim....
..."[T]he filing of a statement of claim against an estate is not an appearance in court or the filing of a `pleading' and therefore is not the practice of law." Summit Pool Supplies,
461 So.2d at 274. No filing fee may be imposed on a creditor for filing a statement of claim. §
733.703(1)....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...Committee notes revised. Statutory References ch. 50, Fla. Stat. Legal and official advertisements. §
731.301, Fla. Stat. Notice. §
733.2121, Fla. Stat. Notice to creditors; filing of claims. §
733.702, Fla. Stat. Limitations on presentation of claims. §
733.703, Fla....
...(b) Service. The proof of claim shall be served on all interested persons and all claimants listed in the proof of claim at the time of filing, or immediately thereafter. Committee Notes This rule represents an implementation of the procedure found in section 733.703(2), Florida Statutes, with respect to a proof of claim filed by the personal representative. *1213 Rule History 2005 Revision: New rule. Statutory References § 733.703(2), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...nt of claim in compliance
___________________________________
*
Honorable Julian Abele Cook, Jr., U.S. District Judge for the Eastern District of Michigan,
sitting by designation. 2
with the essential requirements of section 733.703 and Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...of nonclaim that is not subject to waiver or extension in the probate proceedings; and (3) that a petition for
the appointment of an administrator ad litem and a counter-petition for administration constitute a statement
of claim in compliance with the essential requirements of section 733.703 and Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ly sufficient statement
of claim against the Bradley estate.
To preserve a claim against a decedent’s estate in Florida, a claimant must file
a written statement of the claim within statutorily prescribed time periods. See §§
733.702,
733.703,
733.710, Fla....
...ability
insurance coverage from claims such as this one for amounts in excess of the limits
of defendant’s liability coverage.
A claimant must file a written statement of claim to preserve that claim against
the decedent’s estate. See § 733.703, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...733.2123 Adjudication before issuance of letters. F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified. F.S.
733.305 Trust companies and other corporations and associations. F.S.
733.702 Limitations on presentation of claims. F.S.
733.703 Form and manner of presenting claim....
...Committee notes expanded. Citation form change in committee notes. Statutory References F.S. 731.111 Notice to creditors. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.702 Limitations on presentation of claims. F.S.
733.703 Form and manner of presenting claim....
...1.540(b)(1) or matters relating to judgments in (4) and (5) of that rule have application in this context. Rule History 1988 Revision: New rule Statutory References F.S. 731.111 Notice to creditors. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.702 Limitations on presentation of claims. F.S.
733.703 Form and manner of presenting claim....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...733.2123 Adjudication before issuance of letters. F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified. F.S.
733.305 Trust companies and other corporations and associations. F.S.
733.702 Limitations on presentation of claims. F.S.
733.703 Form and manner of presenting claim....
...Committee notes expanded. Citation form change in committee notes. Statutory References F.S. 731.111 Notice to creditors. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.702 Limitations on presentation of claims. F.S.
733.703 Form and manner of presenting claim....
...s rule have application in this context. See the note attached to FPR 5.245. *1327 Rule History 1988 Revision: New rule. Statutory References F.S. 731.111 Notice to creditors. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.703 Form and manner of presenting claim....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...§
733.302, Fla.Stat. Who may be appointed personal representative. §
733.303, Fla.Stat. Persons not qualified. §
733.305, Fla.Stat. Trust companies and other corporations and associations. §
733.702, Fla.Stat. Limitations on presentation of claims. §
733.703, Fla.Stat....
...1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References 731.111, Fla.Stat. tors. Notice to eredi-
733.212, Fla.Stat. ministration; filing of claims. Notice of ad-objections and
733.702, Fla.Stat. presentation of claims. Limitations on RS4
733.703, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
...the
10
and estate assets were used to repay the loan, then the surcharge was
proper because the personal representative failed both to (i) file a timely,
written statement of claim against the estate, see § 733.703(1), Fla....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...e attorney for the personal representative. Committee notes revised. Statutory References F.S. 731.111 Notice to creditors. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.702 Limitations on presentation of claims. F.S.
733.703 Form and manner of presenting claim....
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
RULE 5.498. PERSONAL REPRESENTATIVE’S PROOF OF
CLAIM
(a)-(b) [NO CHANGE]
Committee Notes
This rule represents an implementation of the procedure found
in section 733.703(2), Florida Statutes, with respect to a proof of
claim filed by the personal representative.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla....
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
RULE 5.498. PERSONAL REPRESENTATIVE’S PROOF OF
CLAIM
(a)-(b) [NO CHANGE]
Committee Notes
This rule represents an implementation of the procedure found
in section 733.703(2), Florida Statutes, with respect to a proof of
claim filed by the personal representative.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 15930, 2007 WL 2934936
...in a probate proceeding: [W]e would conclude that Mr. Prockup’s petition for the appointment of an administrator ad litem and his counter-petition for administration were defective, if at all, only as to the caption on the document, not substance. Section 733.703(1), Florida Statutes (1991), requires a creditor to file a “written statement of the claim” in probate proceedings involving a decedent’s estate....
...As ongoing litigation, it was clear that the damages being sought in such action were undetermined and unliquidated. Under these particular circumstances, it would be placing form over substance to hold that the petition and counter-petition did not satisfy the essential requirements of section 733.703 and rule 5.490(a)....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...§
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla. Stat. Trust companies and other corporations and associations. §
733.702,-Fla — Stat. Limitations on presentation of claims. §
733.703, Fla,-Stat....
...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. Stat. Notice to creditors; filing of claims. §
733.702, Fla. Stat. Limitations on presentation of claims. §
733.703, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 4979, 2001 WL 298951
...ct to waiver or extension in the probate proceedings; and (3) that a petition for the appointment of an administrator ad litem and a counter-petition for administration constitute a statement of claim in compliance with the essential requirements of section 733.703 and Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16328
...Arnold, Jr., Esq., 2508 Gulf Life Tower, Jacksonville, Florida 32207. (b) Widow: Walter L. Robison, Esq., 303 Liberty Street, Jacksonville, Florida 32202. *1169 Appellant contends that the Statement of Claim is insufficient on the ground it fails to adequately designate the amount claimed. Appellant cites § 733.703, F.S....
...comply with the substantial and essential requirements of the statute . . . .” In Re Jeffries’ Estate,
136 Fla. 410 ,
181 So. 833, 837 (Fla.1938). This Statement of Claim adequately puts appellant on notice as to the basis of the claim. Neither §
733.703, F.S....
CopyPublished | Florida 6th District Court of Appeal
...For the following reasons, we affirm.
Florida’s Probate Code, codified at chapter 733, Florida Statutes, sets forth “a
unified statutory scheme intended to govern all probate matters.” Lefkowitz v.
Schwartz,
299 So. 3d 549, 552 (Fla. 5th DCA 2020) (quoting Hill v. Davis,
70 So.
3d 572, 577 (Fla. 2011)). Section
733.703, Florida Statutes, provides that to present
a claim against an estate, the claimant must file a written statement of the claim in
the probate proceeding....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...2003 Revision: Committee notes revised. Statutory References ch. 50, Fla. Stat. Legal and official advertisements. §
731.301, Fla. Stat. Notice. §
733.2121, Fla. Stat. Notice to creditors; filing of claims. §
733.702, Fla. Stat. Limitations on presentation of claims. §
733.703, Fla....
...§ 731.111, Fla. Stah-N-etiee to creditors- §
733.212, Fla.-Stah-N-otiee of administration; — filing of— objections and claims- §
733.2121, Fla. Stat. Notice to creditors; filing of claims. §
733.702, Fla. Stat. Limitations on presentation of claims. §
733.703, Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 7819, 1992 WL 167614
...On August 26, 1991, the morning of the hearing on this matter, the personal representa *36 tive received an objection to the petition to bar the claim. The probate court entered an order denying the personal representative’s petition to bar Deal’s claim and giving Deal ten days to amend his claim to comply with section 733.703, Florida Statutes, and rule 5.490, Florida Probate Rules, both dealing with the form and manner of presenting a claim....
CopyPublished | District Court of Appeal of Florida | 2017 Fla. App. LEXIS 456
had filed a sufficient claim for purposes of section
733.703 by filing pleadings regarding the wrongful
CopyPublished | District Court of Appeal of Florida
had filed a sufficient claim for purposes of section
733.703 by filing pleadings regarding the wrongful
