CopyCited 34 times | Published | Supreme Court of Florida | 2000 WL 1707159
...t or unliquidated, and, if contingent or unliquidated, the nature of the uncertainty. See id. (citing section
733.703, Florida Statutes (1981)). The *1160 court also recognized that deviations in the form of a claim may be corrected. See id. (citing section
733.704, Florida Statutes (1981))....
...due or involves an uncertainty and, if not due, then the due date and, if contingent or unliquidated, the nature of the uncertainty. If a claim is defective as to form, then the probate court may allow a creditor to amend the claim at any time. See § 733.704, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...atement of the claim indicating its basis and the amount claimed. §
733.703, Fla. Stat. (1981). In addition, if the claim is contingent or unliquidated, the creditor must state the nature of the uncertainty. Id. Deviations in form may be corrected. §
733.704, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...§
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. Stat. Form and manner of presenting claim. §
733.704, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 WL 550508
...[2] Medicaid blames its belated amendment on the fact that its original claim was based on computer records which covered only the last 18 months of the decedent's life; for the remainder of its claim, Medicaid had to go through the tedious process of manually researching microfiche. [3] Section 733.704 provides, "If a bona fide attempt to file a claim is made by a creditor but the claim is defective as to form, the court may permit the amendment of the claim at any time." Changing the amount claimed to seek reimbursement for additional services rendered the recipient is not a defect in form, but of substance....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...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). Section
733.704, Florida Statutes, further provides that when a bona fide attempt to file a claim is made, but the claim is defective, the court may permit the amendment of the claim at any time....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...1988 Revision: Clarifies the matter of delivery of copies and directs the clerk to mail the same to the attorney for the personal representative unless designations are filed by all personal representatives to the contrary. Subdivision (e) added to implement the procedure found in section 733.704, Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5965, 2010 WL 1727842
...The rule also outlines the circumstances under which a claim already filed may be amended. "If a claim as filed is sufficient to notify interested persons of its substance but is otherwise defective as to form, the court may permit the claim to be amended at any time." Fla. Prob. R. 5.490(e). Similarly, section 733.704 provides: "If a bona fide attempt to file a claim is made but the claim is defective as to form, the court may permit the amendment of the claim at any time." The Personal Representative did not challenge the sufficiency of the Sewells' *135 individual claim....
...determining the identity of the class claimants would unnecessarily delay the closing of decedents' estates. The 1971 version of the Florida Probate Law that was controlling in Gay contained a provision authorizing the amendment of claims similar to section 733.704 and rule 5.490(e)....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...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. Stat. Form and manner of presenting claim. §
733.704, Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10200, 1995 WL 570552
...fault. They never filed a motion to amend addressing the change in the status of the federal lawsuit. The order striking the claim did not allow amendment, and the Paynes never filed a motion for rehearing or notice of appeal of that order. Although section 733.704 permits an amendment of a claim “at any time,” we conclude that the order striking this claim disposed of the claim....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...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. F.S.
733.704 Amendment of claims....
...If a claim as filed is sufficient to notify interested persons of its substance but is otherwise defective as to form, the court may permit the claim to be amended at any time. Committee Notes Paragraph (e) of this rule represents a rule implementation of the procedure found in F.S. 733.704....
...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. F.S.
733.704 Amendment of claims....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...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. F.S.
733.704 Amendment of claims....
...If a claim as filed is sufficient to notify interested persons of *1326 its substance but is otherwise defective as to form, the court may permit the claim to be amended at any time. Committee Notes Paragraph (e) of this rule represents a rule implementation of the procedure found in F.S. 733.704....
...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. F.S.
733.704 Amendment of claims....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...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. Form and manner of presenting claim. §
733.704, Fla.Stat....
...If a claim as filed is sufficient to notify interested persons of its substance but is otherwise defective as to form, the court may permit the claim to be amended at any time. Committee Notes ParagraphSubdivision (e) of this rule represents a rule implementation of the procedure found in Rgksection 733.704, Florida Statutes....
...1988 Revision: Clarifies the matter of delivery of copies and directs the clerk to mail the same to the attorney for the personal representative unless designations are filed by all personal representatives to added to implement the procedure found in Rghsection 733.704, Florida Statutes....
...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. ner of presenting claim. Form and man- ⅜&⅞
733.704, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...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. F.S.
733.704 Amendment of claims....
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM
(a)-(e) [NO CHANGE]
Committee Notes
Subdivision (d) of this rule represents a rule implementation of
the procedure found in section 733.704, Florida Statutes....
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM
(a)-(e) [NO CHANGE]
Committee Notes
Subdivision (d) of this rule represents a rule implementation of
the procedure found in section 733.704, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 15930, 2007 WL 2934936
...due or involves an uncertainty and, if not due, then the due date and, if contingent or unliquidated, the nature of the uncertainty. If a claim is defective as to form, then the probate court may allow a creditor to amend the claim at any time. See § 733.704, Fla....
CopyPublished | Supreme Court of Florida
...Service on one interested person by a chosen method shall
not preclude service on another interested person by another method.
Committee Notes
Subdivision (ed) of this rule represents a rule implementation of the
procedure found in section 733.704, Florida Statutes....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...da 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. Stat. Form and manner of presenting claim. §
733.704, Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...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. Stat. Form and manner of presenting claim. §
733.704, Fla....
...If a claim as filed is sufficient to notify interested persons of its substance but is otherwise defective as to form, the court may permit the claim to be amended at any time. Committee Notes Subdivision (e) of this rule represents a rule implementation of the procedure found in section 733.704, Florida Statutes....
...1988 Revision: Clarifies the matter of delivery of copies and directs the clerk to mail the same to the attorney for the personal representative unless designations are filed by all personal representatives to the contrary. Subdivision (e) added to implement the procedure found in section 733.704, Florida Statutes....
...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. Stat. Form and manner of presenting claim. §
733.704, Fla....
CopyPublished | Supreme Court of Florida
...Service on one interested person by a chosen method shall
not preclude service on another interested person by another method.
Committee Notes
Subdivision (ed) of this rule represents a rule implementation of the
procedure found in section 733.704, Florida Statutes....
