Florida Statute 733.705 - 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

View Entire Chapter

F.S. 733.705

733.705 Payment of and objection to claims.—

(1) The personal representative shall pay all claims within 1 year from the date of first publication of notice to creditors, provided that the time shall be extended with respect to claims in litigation, unmatured claims, and contingent claims for the period necessary to dispose of those claims pursuant to subsections (5), (6), (7), and (8). The court may extend the time for payment of any claim upon a showing of good cause. No personal representative shall be compelled to pay the debts of the decedent until after the expiration of 5 months from the first publication of notice to creditors. If any person brings an action against a personal representative within the 5 months on any claim to which the personal representative has not filed an objection, the plaintiff shall not receive any costs or attorneys’ fees, nor shall the judgment change the class of the claim for payment under this code.

(2) On or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing or amendment of a claim, whichever occurs later, a personal representative or other interested person may file a written objection to a claim. If an objection is filed, the person filing it shall serve a copy of the objection as provided by the Florida Probate Rules. The failure to serve a copy of the objection constitutes an abandonment of the objection. For good cause, the court may extend the time for filing or serving an objection to any claim. Objection to a claim constitutes an objection to an amendment of that claim unless the objection is withdrawn.

(3) If the objection is filed by a person other than the personal representative, the personal representative may apply to the court for an order relieving him or her from the obligation to defend the estate in an independent action or for the appointment of the objector as administrator ad litem to defend the action. Fees for the attorney for the administrator ad litem may be awarded as provided in s. 733.106(3). If costs or attorney’s fees are awarded from or against the estate, the probate court may charge or apportion that award as provided in s. 733.106(4).

(4) An objection by an interested person to a personal representative’s proof of claim shall state the particular item or items to which the interested person objects and shall be filed and served as provided in subsection (2). Issues of liability as between the estate and the personal representative individually for items listed in a personal representative’s proof of claim shall be determined in the estate administration, in a proceeding for accounting or surcharge, or in another appropriate proceeding, whether or not an objection has been filed. If an objection to an item listed as to be paid in a personal representative’s proof of claim is filed and served, and the personal representative has not paid the item, the other subsections of this section shall apply as if a claim for the item had been filed by the claimant; but if the personal representative has paid the claim after listing it as to be paid, issues of liability as between the estate and the personal representative individually shall be determined in the manner provided for an item listed as paid.

(5) The claimant is limited to a period of 30 days from the date of service of an objection within which to bring an independent action upon the claim, or a declaratory action to establish the validity and amount of an unmatured claim which is not yet due but which is certain to become due in the future, or a declaratory action to establish the validity of a contingent claim upon which no cause of action has accrued on the date of service of an objection and that may or may not become due in the future, unless an extension of this time is agreed to by the personal representative in writing before it expires.

(a) For good cause, the court may extend the time for filing an action or proceeding after objection is filed. No action or proceeding on the claim may be brought against the personal representative after the time limited above, and the claim is barred without court order.

(b) If an action or proceeding by the claimant is pending against the decedent at the time of the decedent’s death, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim:

1. A motion complying with all applicable rules of procedure is filed, or a similar procedure is initiated, to substitute the proper party; or

2. An order substituting the proper party is entered.

(c) If the decedent entered into a binding arbitration agreement relating to the claim during his or her lifetime, or if arbitration is required under s. 731.401, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim, a motion to compel arbitration against the proper party is initiated, as provided for in s. 682.03.

(d) If arbitration was commenced before the decedent’s death, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim, notice is given to the proper party. If the arbitration was commenced by order of the court, the notice must take the form of a timely filed motion, complying with all applicable rules of procedure, to substitute the proper party.

(e) If an objection is filed to the claim of any claimant and the claimant brings an action to establish the claim, a judgment establishing the claim shall give it no priority over claims of the same class to which it belongs.

(6) A claimant may bring an independent action or declaratory action upon a claim which was not timely filed pursuant to s. 733.702(1) only if the claimant has been granted an extension of time to file the claim pursuant to s. 733.702(3).

(7) If an unmatured claim has not become due before the time for distribution of an estate, the personal representative may prepay the full amount of principal plus accrued interest due on the claim, without discount and without penalty, regardless of any prohibition against prepayment or provision for penalty in any instrument on which the claim is founded. If the claim is not prepaid, no order of discharge may be entered until the creditor and personal representative have filed an agreement disposing of the claim, or in the absence of an agreement until the court provides for payment by one of the following methods:

(a) Requiring the personal representative to reserve such assets as the court determines to be adequate to pay the claim when it becomes due; in fixing the amount to be reserved, the court may determine the value of any security or collateral to which the creditor may resort for payment of the claim and may direct the reservation, if necessary, of sufficient assets to pay the claim or to pay the difference between the value of any security or collateral and the amount necessary to pay the claim. If the estate is insolvent, the court may direct a proportionate amount to be reserved. The court shall direct that the amount reserved be retained by the personal representative until the time that the claim becomes due, and that so much of the reserved amount as is not used for payment be distributed according to law;

(b) Requiring that the claim be adequately secured by a mortgage, pledge, bond, trust, guaranty, or other security, as may be determined by the court, the security to remain in effect until the time the claim becomes due, and so much of the security or collateral as is not needed for payment be distributed according to law; or

(c) Making provisions for the disposition or satisfaction of the claim as are equitable, and in a manner so as not to delay unreasonably the closing of the estate.

(8) If no cause of action has accrued on a contingent claim before the time for distribution of an estate, no order of discharge may be entered until the creditor and the personal representative have filed an agreement disposing of the claim or, in the absence of an agreement, until:

(a) The court determines that the claim is adequately secured or that it has no value,

(b) Three months from the date on which a cause of action accrues upon the claim, provided that no action on the claim is then pending,

(d) The court provides for payment of the claim upon the happening of the contingency by one of the methods described in paragraph (a), paragraph (b), or paragraph (c) of subsection (7),

whichever occurs first. No action or proceeding on the claim may be brought against the personal representative after the time limited above, and the claim is barred without court order. If an objection is filed to the claim of any creditor and the creditor brings an action to establish the claim, a judgment establishing the claim shall give it no priority over claims of the same class to which it belongs.

(9) Interest shall be paid by the personal representative on written obligations of the decedent providing for the payment of interest. On all other claims, interest shall be allowed and paid beginning 5 months from the first publication of the notice to creditors.

(10) The court may determine all issues concerning claims or matters not requiring trial by jury.

(11) An order for extension of time authorized under this section may be entered only in the estate administration proceeding.

History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 34, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 84-25; s. 1, ch. 86-249; s. 7, ch. 88-340; s. 7, ch. 89-340; s. 2, ch. 91-61; s. 1017, ch. 97-102; s. 149, ch. 2001-226; s. 1, ch. 2022-101.

Note.—Created from former s. 733.18.

F.S. 733.705 on Google Scholar

F.S. 733.705 on CourtListener

Amendments to 733.705

Annotations, Discussions, Cases:

Cases Citing Statute 733.705

Total Results: 105

May v. Illinois Nat. Ins. Co.

771 So. 2d 1143, 2000 WL 1707159

Supreme Court of Florida | Filed: Nov 16, 2000 | Docket: 2517435

Cited 34 times | Published

district courts have relied on amendments to section 733.705, Florida Statutes, made by the Legislature

Spohr v. Berryman

589 So. 2d 225, 1991 WL 188309

Supreme Court of Florida | Filed: Sep 26, 1991 | Docket: 1441305

Cited 23 times | Published

determine whether or not to accept the claim. § 733.705(2), Fla. Stat. (Supp. 1986). The claimant need

Baptist Hosp. of Miami, Inc. v. Carter

658 So. 2d 560, 1995 WL 366678

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 602638

Cited 15 times | Published

forever barred without any court order. [e.s.] § 733.705(3), Fla. Stat. (Supp. 1984). In In re Estate of

Dohnal v. Syndicated Offices Systems

529 So. 2d 267, 1988 WL 55632

Supreme Court of Florida | Filed: Jun 2, 1988 | Docket: 1523806

Cited 14 times | Published

EXTENSION OF TIME TO FILE SUIT PURSUANT TO SECTION 733.705(3), FLORIDA STATUTES (SUPP. 1984), WHERE THE

Wylie v. INV. MANAGEMENT & RESEARCH INC.

629 So. 2d 898, 1993 WL 482318

District Court of Appeal of Florida | Filed: Nov 24, 1993 | Docket: 1263494

Cited 12 times | Published

resolved claims from a decedent's estate. Cf. § 733.705(4), Fla. Stat. (1991) (claimant has period of

Allen v. Estate of Dutton

394 So. 2d 132

District Court of Appeal of Florida | Filed: Dec 3, 1980 | Docket: 1692079

Cited 11 times | Published

733.109(1)(b), Fla. Stat. (1979). [8] See also § 733.705(5), Fla. Stat. (1979). [9] In Re Integration

In Re Estate of Parson

570 So. 2d 1125, 1990 WL 197977

District Court of Appeal of Florida | Filed: Dec 10, 1990 | Docket: 1349659

Cited 10 times | Published

provisions of Section 733.705(2), Florida Statutes (Supp. 1988).[1] We disagree. Section 733.705(2) permits

Thames v. Jackson

598 So. 2d 121, 1992 WL 74874

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 1472446

Cited 7 times | Published

1125 (Fla. 1st DCA 1990), that amendments to section 733.705 revealed a legislative intent to reclassify

Williams v. Estate of Williams

493 So. 2d 44, 11 Fla. L. Weekly 1791

District Court of Appeal of Florida | Filed: Aug 14, 1986 | Docket: 1671873

Cited 7 times | Published

estate of Roy Levon Williams. Pursuant to section 733.705(3), Florida Statutes (1984): The claimant is

In Re Estate of Oxford

372 So. 2d 1129

District Court of Appeal of Florida | Filed: Jun 8, 1979 | Docket: 1695728

Cited 7 times | Published

trial court's finding of "good cause" pursuant to § 733.705(3), Fla. Stat. (1976). We hold that there was

West v. West

126 So. 3d 437, 2013 WL 5989234, 2013 Fla. App. LEXIS 18009

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60236445

Cited 5 times | Published

because it would disregard the requirements of section 733.705(5), and because the personal representative

St. John's Hosp. and Health Ctr. v. Toomey

610 So. 2d 62, 1992 WL 361105

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 1734730

Cited 5 times | Published

filed within the 30 day period set forth in Section 733.705(4), Florida Statute (1991). The complaint named

In Re Amendments to the Florida Probate Rules

584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221

Cited 5 times | Published

claim. § 733.704, Fla. Stat. Amendment of claims. § 733.705, Fla. Stat. Payment of and objection to claims

Carlton v. Carlton

575 So. 2d 239, 1991 WL 13577

District Court of Appeal of Florida | Filed: Feb 6, 1991 | Docket: 1444081

Cited 5 times | Published

action may be taken upon such a barred claim. Section 733.705, Florida Statutes (1988) provides for the manner

Peavy v. Parrish

385 So. 2d 1034

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1338006

Cited 5 times | Published

this independent action does not refer to venue. § 733.705(3) Fla. Stat. (1979). Therefore, the general venue

Greer v. Estate of Smith

342 So. 2d 1007

District Court of Appeal of Florida | Filed: Feb 11, 1977 | Docket: 421500

Cited 5 times | Published

under amendments effective January 1, 1976 (Section 733.705, Florida Statutes), the objecting party has

In Re Estate of Yerex

651 So. 2d 220, 1995 WL 79997

District Court of Appeal of Florida | Filed: Mar 1, 1995 | Docket: 1518278

Cited 4 times | Published

with direction the confidentiality order. Section 733.705(4), Florida Statutes (1991), provides in pertinent

In Re Estate of Wilisch

384 So. 2d 223

District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 1269656

Cited 4 times | Published

attorney could protect his own interests." Section 733.705(3), Florida Statutes (1977), provides in pertinent

ZAYAS-HOOD v. Jusino

44 So. 3d 626, 2010 Fla. App. LEXIS 11700, 2010 WL 3120217

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 2544974

Cited 3 times | Published

the order compelling payment of the claim. Section 733.705(2), Florida Statutes, providing that a court

In Re Estate of Elliott

798 So. 2d 13, 2001 WL 1167162

District Court of Appeal of Florida | Filed: Oct 4, 2001 | Docket: 1668282

Cited 3 times | Published

of service of the objection, as required by section 733.705(4), Florida Statutes (1999), because she was

Dimick v. Estate of Barry

787 So. 2d 198, 2001 WL 527634

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 1496330

Cited 3 times | Published

their request to extend the time pursuant to section 733.705(4), Florida Statutes, to file an independent

Golden v. Atlantic Nat. Bank of Jacksonville

481 So. 2d 16, 10 Fla. L. Weekly 2644

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 549053

Cited 3 times | Published

notice of the independent action as required by section 733.705(3), Florida Statutes (Supp. 1984).[1] On March

Johnson v. Estate of Fraedrich

472 So. 2d 1266, 10 Fla. L. Weekly 1657

District Court of Appeal of Florida | Filed: Jul 3, 1985 | Docket: 1793901

Cited 3 times | Published

for the personal representative, pursuant to Section 733.705(2), Florida Statutes (1983). Copies of the

Baldwin v. Lewis

397 So. 2d 985

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 1706587

Cited 3 times | Published

of notice of administration as required by Section 733.705(2), Florida Statutes (1979). On September 2

In Re Estate of Dezso

382 So. 2d 399

District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 1255400

Cited 3 times | Published

Florida Probate Code. The governing statute is Section 733.705(3), Florida Statutes (1977), which states in

In Re Estate of Pridgeon

349 So. 2d 741

District Court of Appeal of Florida | Filed: Aug 25, 1977 | Docket: 1655295

Cited 3 times | Published

construed the term "independent action" appearing in § 733.705(3), Florida Statutes, 1975, to require the filing

Delgado v. Estate of Garriga

870 So. 2d 912, 2004 WL 840239

District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 1330691

Cited 2 times | Published

objection on the ground that it was untimely under section 733.705(2), Florida Statutes. He opposed the granting

Hogan v. Howard

716 So. 2d 286, 1998 WL 374718

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 424785

Cited 2 times | Published

Pinellas County to enforce the claim pursuant to section 733.705(4), Florida Statutes (1989). Perhaps because

FIRST UNION NAT. BANK OF FLORIDA v. Aftab

689 So. 2d 1137, 1997 WL 78223

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 1739476

Cited 2 times | Published

estate on notice of the promissory note and section 733.705(8), Florida Statutes (1991), requires the personal

Z & O Realty Associates, Inc. v. Lakow

519 So. 2d 3, 1987 WL 452

District Court of Appeal of Florida | Filed: Sep 1, 1987 | Docket: 1698536

Cited 2 times | Published

the personal representative as required by section 733.705(3), Florida Statutes (1985). They argue that

Rainier v. Calhoun

510 So. 2d 999, 12 Fla. L. Weekly 1714, 1987 Fla. App. LEXIS 9314

District Court of Appeal of Florida | Filed: Jul 14, 1987 | Docket: 64628721

Cited 2 times | Published

thirty days after the filing of the subject claim, § 733.705(2), Fla.Stat. (1985), in*1000stead, he waited

Ricciardelli v. Faske

505 So. 2d 487

District Court of Appeal of Florida | Filed: Mar 17, 1987 | Docket: 1454990

Cited 2 times | Published

These notices, it is urged, are required by Section 733.705(3), Florida Statutes (1985), to be filed in

In Re Estate of Matchett

394 So. 2d 437

District Court of Appeal of Florida | Filed: Jan 21, 1981 | Docket: 1315276

Cited 2 times | Published

departure from probate procedure provided in section 733.705(2) and (3).[1] The purpose of the hearing stated

Garland v. Barnes

372 So. 2d 128, 1979 Fla. App. LEXIS 14799

District Court of Appeal of Florida | Filed: May 30, 1979 | Docket: 64570764

Cited 2 times | Published

Motion for Court to Set Hearing pursuant to F.S. 733.705(5). Whereupon the personal representative moved

Morgenthau v. Estate of Andzel

26 So. 3d 628, 2009 Fla. App. LEXIS 20569, 2009 WL 5151741

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1638621

Cited 1 times | Published

claims period. (Emphasis added). In addition, section 733.705, Florida Statutes (2007), requires a claimant

Fernandez-Fox v. Estate of Lindsay

972 So. 2d 281, 2008 WL 160920

District Court of Appeal of Florida | Filed: Jan 18, 2008 | Docket: 1158799

Cited 1 times | Published

Largo, 964 So.2d 847, 851 (Fla. 2d DCA 2007). Section 733.705(2), Florida Statutes, provides, in pertinent

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

Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to

Simpson v. Estate of Simpson

922 So. 2d 1027, 2006 WL 358477

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 1282689

Cited 1 times | Published

over the validity of timely filed claims, section 733.705(4) requires the claimant to "bring an independent

Becklund v. Fleming

869 So. 2d 1, 2003 WL 22316841

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 1175160

Cited 1 times | Published

and objection to claims as set forth in F.S. § 733.705 of the Probate Code. Unfortunately, the provision

May Ex Rel. Estate of Bradley v. Illinois National Insurance

190 F.3d 1200

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 1999 | Docket: 237693

Cited 1 times | Published

been paid or otherwise disposed of pursuant to § 733.705. (3)This section shall not affect the lien

Snyder v. Bell

746 So. 2d 1100, 1999 WL 770672

District Court of Appeal of Florida | Filed: Sep 24, 1999 | Docket: 1360198

Cited 1 times | Published

an award of attorney's fees and costs under section 733.705, Florida Statutes (1995), which denies fees

KELLY LIVING SERVICES v. Estate of Reuter

681 So. 2d 813, 1996 Fla. App. LEXIS 10391, 1996 WL 577414

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 1385400

Cited 1 times | Published

file an independent action in circuit court. Section 733.705(4), Florida Statutes (1995) states that a probate

Watson v. First Florida Leasing, Inc.

537 So. 2d 1370, 1989 WL 3698

Supreme Court of Florida | Filed: Jan 5, 1989 | Docket: 427247

Cited 1 times | Published

which the court held a notice provision of section 733.705(3), Florida Statutes (1985), unconstitutional

In Re Estate of Robins

463 So. 2d 273

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 448928

Cited 1 times | Published

mail within ten days of filing as required by section 733.705(2), Florida Statutes (1981). After a hearing

In Re Estate of Brown

421 So. 2d 752

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 1372219

Cited 1 times | Published

Limited and the Claim is, therefore, barred by Section 733.705 of the Florida Statutes." The recitals were

Poulsen v. First National Bank of Palm Beach

407 So. 2d 338, 1981 Fla. App. LEXIS 21960

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 64586782

Cited 1 times | Published

action was filed within the time limitations of Section 733.705(3), Florida Statutes (1979).1 Charles I. Poulsen

Sessoms v. Johnson

378 So. 2d 1260

District Court of Appeal of Florida | Filed: Dec 27, 1979 | Docket: 1795500

Cited 1 times | Published

the claim by the personal representative. Section 733.705, Florida Statutes (see footnote 2). At the

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Mar 20, 2025 | Docket: 69761058

Published

thereafter.” This change conforms rule 5.499(e) to section 733.705(2), Florida Statutes, as amended by chapter

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

objection to Fields’s statement of claim. Section 733.705(2), Florida Statutes, provides that “[o]n or

William Ford v. In Re: Estate of Beatrice E. Ford

District Court of Appeal of Florida | Filed: Nov 22, 2023 | Docket: 68028875

Published

within the statutory time period provided in section 733.705(2), Florida Statutes (2022).2 Because the

WILLIAM FORD v. IN RE: ESTATE OF BEATRICE E. FORD

District Court of Appeal of Florida | Filed: Aug 16, 2023 | Docket: 67696327

Published

within the statutory time period provided in section 733.705(2), Florida Statutes (2022).2 Because the

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

an implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

an implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

because that deadline is not contained within section 733.705, Florida Statutes. That statute sets forth

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

-2- section 733.705, Florida Statutes. That statute sets forth

STATE ATTORNEY'S OFFICE OF THE 17TH JUDICIAL CIRCUIT v. CABLE NEWS NETWORK, INC.

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511614

Published

extend a creditor’s time to file a claim under section 733.705(3), Florida Statutes (Supp. 1984), which did

State Attorney's Office of the Seventeenth Judicial Circuit v. Cable News Network, Inc.

251 So. 3d 205

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 64684914

Published

extend a creditor's time to file a claim under section 733.705(3), Florida Statutes (Supp. 1984), which did

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Supreme Court of Florida | Filed: Sep 1, 2016 | Docket: 4418545

Published

Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to

Steven Kwartin, P.A. v. Henry Oreal, as Personal Representative of the Estate of Wayne Henry Oreal a/k/a Wayne H. Oreal

189 So. 3d 964, 2016 Fla. App. LEXIS 4922

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049138

Published

of interest. We find the plain language of section 733.705(9) and the promissory note did not allow the

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

Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to

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

Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to

In re Amendments to the Florida Probate Rules

948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to

McLean Boulevard Associates v. Cadgene

938 So. 2d 581, 2006 Fla. App. LEXIS 16388, 2006 WL 2739334

District Court of Appeal of Florida | Filed: Sep 27, 2006 | Docket: 64847069

Published

bring an action on the claim as provided in section 733.705, Florida Statutes (2000). McLean Boulevard

McMonigle v. McMonigle

932 So. 2d 369, 2006 Fla. App. LEXIS 4382, 2006 WL 778711

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 64845548

Published

Robert sought to recover only $80,000. . See § 733.705(4), Fla. Stat. (1997). . Robert argues that

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

Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to

J & S Installation Specialist, Inc. v. Mabry

857 So. 2d 346, 2003 Fla. App. LEXIS 15685, 2003 WL 22398612

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 64825894

Published

action brought to enforce the claim pursuant to section 733.705(4), Florida Statutes (1999), is dismissed for

Estate of Cadden v. Schickedanz

855 So. 2d 651, 2003 Fla. App. LEXIS 12829, 2003 WL 22014640

District Court of Appeal of Florida | Filed: Aug 27, 2003 | Docket: 64825533

Published

follows. Appellant argues that, pursuant to section 733.705(1), Florida Statutes (2000), ap-pellees are

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

letters. § 733.604(2), Fla. Stat. Inventory. § 733.705(2), (34), Fla. Stat. Payment of and objection

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

presenting-claiffir §-733-704; — Fla—Stat,—Amendment—ef claimsr § 733.705; ■■ Fla- Stat. Payment of and objection to claims

Brodfuehrer v. Estate of Brodfuehrer

833 So. 2d 784, 2002 Fla. App. LEXIS 2983, 2002 WL 385032

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 64819749

Published

motorcycle. Our analysis follows. I. Under section 733.705(4), Florida Statutes (1999), a claimant is

Amendments to the Florida Probate Rules

778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 64803740

Published

letters. § 733.604(2), Fla. Stat. Inventory. § 733.705(2), (3), Fla. Stat. Payment of and objection to

Cohen v. Majestic Distilling Co.

765 So. 2d 276, 2000 Fla. App. LEXIS 10380, 2000 WL 1154005

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 64799721

Published

an objection to Majestic’s $90,000 claim. Section 733.705(2) states that, “[f]or good cause, the court

Lewsadder v. Estate of Lewsadder

757 So. 2d 1221, 2000 Fla. App. LEXIS 4285, 2000 WL 368932

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64797285

Published

timely file the independent actions required by section 733.705(4), Florida Statutes (1997). The court denied

Devine v. Kirkovich

754 So. 2d 789, 2000 Fla. App. LEXIS 3410, 2000 WL 293795

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 64796307

Published

Kirkovich was acting pro se. We disagree. Section 733.705(4), Florida Statutes (1989), requires independent

State, Department of Legal Affairs v. Rains

654 So. 2d 1254, 1995 Fla. App. LEXIS 5073, 1995 WL 277063

District Court of Appeal of Florida | Filed: May 12, 1995 | Docket: 64756367

Published

claim. Once the court struck -Rains’s claim, section 733.705(4), Florida Statutes (1989) provided that Rains

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

rule which implements the procedure found in section 733.-705, Florida Statutes (1991), for objecting to

Sireci v. Deal

603 So. 2d 35, 1992 Fla. App. LEXIS 7819, 1992 WL 167614

District Court of Appeal of Florida | Filed: Jul 21, 1992 | Docket: 64669180

Published

in allowing Deal to assert his claim where section 733.705, Florida Statutes (1989), permits the claim

Shessel v. Estate of Calhoun

573 So. 2d 962, 1991 Fla. App. LEXIS 351, 1991 WL 4335

District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 64656039

Published

independent action against the estate as required by section 733.705(4), Florida Statutes (1989) is reversed on

In re Estate of Uzzo

555 So. 2d 1217, 14 Fla. L. Weekly 1933, 1989 Fla. App. LEXIS 4630, 1989 WL 91097

District Court of Appeal of Florida | Filed: Aug 16, 1989 | Docket: 64647687

Published

The issue was whether Morris complied with section 733.705(3), Florida Statutes (1985), which requires

Powell v. Chancy-Stoutamire, Inc.

546 So. 2d 1135, 14 Fla. L. Weekly 1723, 1989 Fla. App. LEXIS 4145, 1989 WL 81242

District Court of Appeal of Florida | Filed: Jul 21, 1989 | Docket: 64643924

Published

estate filed a timely objection on May 6. Section 733.705(3), Florida Statutes provides that a claimant

Kata v. Hayden

544 So. 2d 315, 14 Fla. L. Weekly 1355, 1989 Fla. App. LEXIS 3073, 1989 WL 57229

District Court of Appeal of Florida | Filed: Jun 2, 1989 | Docket: 64642890

Published

as to that claimant under the provisions of section 733.705(2), Florida Statutes (1987). We affirm. The

Rainier v. Calhoun

534 So. 2d 735, 13 Fla. L. Weekly 2390, 1988 Fla. App. LEXIS 4713, 1988 WL 110860

District Court of Appeal of Florida | Filed: Oct 25, 1988 | Docket: 64638884

Published

claim against the estate. This was error. Section 733.705(6), Florida Statutes (1987), provides that

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

733.702 Limitations on presentation of claims. F.S. 733.705 Payment of and objection to claims. F.S. 733

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

733.702 Limitations on presentation of claims. F.S. 733.705 Payment of and objection to claims. F.S. 733

Horn v. Air Sal, Inc.

519 So. 2d 1106, 13 Fla. L. Weekly 385, 1988 Fla. App. LEXIS 499, 1988 WL 8130

District Court of Appeal of Florida | Filed: Feb 9, 1988 | Docket: 64632640

Published

independent action against the said estate under Section 733.705(3), Florida Statutes (1985). We affirm the

Perkins v. Anderson

518 So. 2d 1354, 13 Fla. L. Weekly 203, 1988 Fla. App. LEXIS 174, 1988 WL 2618

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 64632150

Published

court found the action was untimely under section 733.705(3), Florida Statutes, and was therefore barred

Department of Revenue v. Florida National Bank

516 So. 2d 1147, 13 Fla. L. Weekly 95, 1987 Fla. App. LEXIS 11731, 1987 WL 3169

District Court of Appeal of Florida | Filed: Dec 24, 1987 | Docket: 64631556

Published

Objection to Claim on June 18,1986, pursuant to section 733.705(2), Florida Statutes (1985).1 In the letter

Department of Revenue v. Florida National Bank

516 So. 2d 1147, 13 Fla. L. Weekly 95, 1987 Fla. App. LEXIS 11731, 1987 WL 3169

District Court of Appeal of Florida | Filed: Dec 24, 1987 | Docket: 64631556

Published

Objection to Claim on June 18,1986, pursuant to section 733.705(2), Florida Statutes (1985).1 In the letter

First Florida Leasing, Inc. v. Watson

516 So. 2d 1062, 12 Fla. L. Weekly 2862, 1987 Fla. App. LEXIS 11592

District Court of Appeal of Florida | Filed: Dec 15, 1987 | Docket: 64631514

Published

creditor’s claim against the estate as required by section 733.705(3), Florida Statutes (1985). In the probate

Hammer v. Knott

511 So. 2d 708, 12 Fla. L. Weekly 2048, 1987 Fla. App. LEXIS 9924

District Court of Appeal of Florida | Filed: Aug 19, 1987 | Docket: 64628992

Published

update showing the thirty day limit under section 733.705(3) for notice of the filing of the independent

Dohnal v. Syndicated Offices Systems

506 So. 2d 1138, 12 Fla. L. Weekly 1204, 1987 Fla. App. LEXIS 8125

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 64627012

Published

error constituted the good cause required by section 733.705(3), Florida Statutes (Supp.1984), for granting

Arky v. Harris

504 So. 2d 813, 1987 Fla. App. LEXIS 7606, 12 Fla. L. Weekly 950

District Court of Appeal of Florida | Filed: Apr 7, 1987 | Docket: 64626082

Published

institution of an independent action required by Section 733.705(3), Florida Statutes (Supp.1984),1 particularly

Clark v. Eckert

463 So. 2d 273, 9 Fla. L. Weekly 2370, 1984 Fla. App. LEXIS 15781

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 64609842

Published

mail within ten days of filing as required by section 733.705(2), Florida Statutes (1981). After a hearing

Black v. Brammer

440 So. 2d 24, 1983 Fla. App. LEXIS 23475

District Court of Appeal of Florida | Filed: Nov 2, 1983 | Docket: 64600488

Published

cause for extending the time to file suit. Section 733.705(3), Florida Statutes (1981) provides: The claimant

Alpert v. Alpert

425 So. 2d 193, 1983 Fla. App. LEXIS 18506

District Court of Appeal of Florida | Filed: Jan 18, 1983 | Docket: 64594663

Published

the action was now time barred by virtue of Section 733.705(3), Florida Statutes (1979). The trial' court

Harrigan v. Harrison

423 So. 2d 1024, 1982 Fla. App. LEXIS 28734

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 64594118

Published

filing of an independent action pursuant to Section 733.-705(3), Florida Statutes (1981). The motion for

Messina v. Scionti

406 So. 2d 529, 1981 Fla. App. LEXIS 21578

District Court of Appeal of Florida | Filed: Nov 4, 1981 | Docket: 64586304

Published

untimely. Appellant then filed a motion, under section 733.705(3), Florida Statutes, for an extension of time

Crepeau v. Pike

394 So. 2d 509, 1981 Fla. App. LEXIS 18815

District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 64580614

Published

timely objection to the claim as provided in section 733.705, Florida Statutes (1979). Under this statute

Seck v. Headley

384 So. 2d 223, 1980 Fla. App. LEXIS 16786

District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 64576459

Published

attorney could protect his own interests.” Section 733.705(3), Florida Statutes (1977), provides in pertinent

In re the Estate of Dudley

374 So. 2d 1111, 1979 Fla. App. LEXIS 15474

District Court of Appeal of Florida | Filed: Sep 6, 1979 | Docket: 64571912

Published

administration was on October 20, 1977. Under Section 733.705(2), Florida Statutes (1977) the time for filing

Bell v. Harris

366 So. 2d 765, 1978 Fla. App. LEXIS 17256

District Court of Appeal of Florida | Filed: Sep 1, 1978 | Docket: 64568177

Published

and within the 30-day period allowed by Florida Statute 733.705(3) for the filing of an independent action

Herskowitz v. Herskowitz

360 So. 2d 378, 1978 Fla. LEXIS 4783

Supreme Court of Florida | Filed: Apr 5, 1978 | Docket: 64565228

Published

Essentially the same requirements are now found in Section 733.705(3), Florida Statutes (1977). . In re Estate

Mautner v. Loman

353 So. 2d 632

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 64562030

Published

independent lawsuits against the estate, pursuant to Section 733.705(3), Florida Statutes. After carefully reviewing

Public Health Trust v. Gabrilove

349 So. 2d 1228, 1977 Fla. App. LEXIS 16627

District Court of Appeal of Florida | Filed: Sep 27, 1977 | Docket: 64560275

Published

the statutory thirty day time period under Section 733.705(3), Florida Statutes (1975), within which a

Michael's School of Dance, Language & Charm, Inc. v. Broward National Bank of Fort Lauderdale

320 So. 2d 413, 1975 Fla. App. LEXIS 15418

District Court of Appeal of Florida | Filed: Oct 17, 1975 | Docket: 64549644

Published

service of an objection thereto upon it. Fla.Stat. 733.705 (Supp.1974). The affidavit in objection to