Florida/Georgia Personal Injury & Workers Compensation

...2d DCA 1991) (noting that since this Court decided Barnett Bank, the Legislature amended section 733.702 to make the statute "a bar to untimely filed claims, even in the absence of an objection, unless the court grants an extension"). Similarly, several district courts have relied on amendments to section 733.705, Florida Statutes, made by the Legislature in 1984 and 1986, [9] to support a finding that section 733.702 now operates as a jurisdictional statute of nonclaim, not a statute of limitations....

...n issued, except as provided in this section. (2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person's death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705....

...blished in subsection (1)(a) of that statute, not extended to the subsection of the statute we did not address in Barnett Bank. [9] In 1984, the Legislature added the phrase, "and any such claim shall be forever barred without order of the court" to section 733.705, Florida Statutes, in the portion of such statute relating to the filing of an independent cause of action against the estate after an objection has been lodged against a claim. See ch. 84-25, § 1, at 41, Laws of Fla. In 1986, the Legislature amended section 733.705 by, among other things, clarifying that an objection may be filed within thirty days of the "timely" filing of a claim....

...robate Code that seeks to avoid litigation over claims whenever possible. Thus, when a statement of claim has been timely filed, the personal representative has a short period of time [3] within which to determine whether or not to accept the claim. § 733.705(2), Fla. Stat. (Supp. 1986). The claimant need only institute a lawsuit if the personal representative files a timely objection. § 733.705(3), Fla....

...n issued, except as provided in this section. (2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person's death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705....

...Valid grounds, such as estoppel or fraud, may exist that would and should excuse untimely claims. A creditor would lose the right to assert these potentially valid claims were we to hold that section 733.702 is a statute of nonclaim. Barnett Bank, 493 So.2d at 448-49. In 1984, however, the legislature amended 733.705(3) to provide: No action or proceeding on the claim shall be brought against the personal representative after the time limited above, and any such claim is forever barred without any court order. [e.s.] § 733.705(3), Fla....

...Syndicated Offices Systems, 506 So.2d 1138 (Fla. 2d DCA 1987), in which the district court certified the following as a question of great public importance: DOES CLERICAL ERROR, SUCH AS IN THE INSTANT CASE, SHOW GOOD CAUSE JUSTIFYING AN EXTENSION OF TIME TO FILE SUIT PURSUANT TO SECTION 733.705(3), FLORIDA STATUTES (SUPP....

...Palms of Pasadena Hospital timely filed a statement of claim against the estate of Susanne Dohnal. The estate's personal representatives filed an objection to the claim. Seventy days later, the hospital filed with the probate court a motion for extension of time for filing an independent action on the claim pursuant to section 733.705(3), which provides in pertinent part: 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 and within which to file written notice of such action in the estate proceeding....

...The instant case does not present the question of the estate's burden where the creditor is silent as to prejudice. In the interest of clarity, we rephrase the certified question: DOES CLERICAL ERROR, SUCH AS IN THE INSTANT CASE, SHOW GOOD CAUSE JUSTIFYING AN EXTENSION OF TIME TO FILE SUIT PURSUANT TO SECTION 733.705(3), FLORIDA STATUTES (SUPP....

...n order that right and justice "shall be administered" by due course of law as commanded by Section 4 of the Declaration of Rights of the Florida Constitution. The probate court may extend the creditor's time where good cause is shown for the delay. § 733.705(3), Fla....

...robate. The purpose of arbitration is to provide an alternate mechanism to the ordinary civil action for the resolution of disputes. The primary purpose of probate is to provide for payment of settled or resolved claims from a decedent's estate. Cf. § 733.705(4), Fla....

...§ 501(c)(3). [4] Zinnser v. Gregory, 77 So.2d 611 (Fla. 1955). [5] In Re Estate of Carpenter, 253 So.2d 697, 704 (Fla. 1971). [6] Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980). [7] See also § 733.109(1)(b), Fla. Stat. (1979). [8] See also § 733.705(5), Fla....

...ation, as required by Section 733.702(1)(a), Florida Statutes (Supp. 1988), the PR's failure to object to the claim until approximately fifteen months after the claim was filed required that the objection be disallowed, pursuant to the provisions of Section 733.705(2), Florida Statutes (Supp. 1988). [1] We disagree. Section 733.705(2) permits the PR to file a written objection to a claim "[o]n or before the expiration of 4 months from the first publication of notice of administration or within 30 days from the *1126 timely filing of a claim." (Emphasis added.) B...

...s objection to the claim within the initial four-month period. And because appellant's claim was not timely filed within three months of publication of the first notice of administration, the alternative thirty-day period for filing objections under section 733.705(2) was similarly inapplicable....

...creditor's claim to be timely filed is now a jurisdictional statute of nonclaim — not a statute of limitations. In Barnett Bank, the Florida Supreme Court considered only the 1983 version of chapter 733. Subsequent to Barnett Bank, that portion of Section 733.705(3), Florida Statutes (1983), providing that "[n]o action or proceeding shall be brought against the personal representative after the time limited above," was amended, effective May 15, 1984, by adding the following language immediately thereafter: "and any such claim shall be forever barred without order of the court." Ch. 84-25, § 1, Laws of Fla. Additionally, as of October 1, 1986, section 733.705(2) was amended to provide, as it does currently, that a PR or other interested person may file a written objection within thirty days from the "timely" filing of a claim. Ch. 86-249, § 1, Laws of Fla. In further clarifying its intent, the 1986 Florida Legislature also amended section 733.705(3), by adding "thereafter" before the words "forever barred without any court order." Id....

...Crosby of Miller & Sweat, Lakeland, for appellant. A.H. Lane of Lane, Massey, Trohn, Clarke, Bertrand & Smith, Lakeland, for appellee. OTT, Judge. The issue is whether there was an abuse of discretion in the trial court's finding of "good cause" pursuant to § 733.705(3), Fla....

...The attorney thereafter conferred with the president of the appellee corporation (T.J. Oxford, Jr.) at which time he advised Oxford of the service of the objection and further advised that other counsel should be employed to bring an independent action on the claim within thirty days pursuant to § 733.705(3)....

...Skidmore of Dayton, Sumner, Luckie & McKnight, P.A., Bushnell, for appellee. SHARP, Judge. Williams and Mize appeal from the denial of their motion to extend the time in which to file an independent action on a claim against the estate of Roy Levon Williams. Pursuant to section 733.705(3), Florida Statutes (1984): 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 and within which to file written notice of such action in the estate proceeding....

...On August 3, 1984, Williams and Mize, appellants, filed a claim against the estate *45 as heirs of Sol Williams, asserting an ownership interest in the NW 1/4 of the SW 1/4 of Section 33. An objection to the claim was filed on October 10, 1984. This started the thirty-day time limit of section 733.705(3) running....

...The appellee argued the appellants failed to establish a "substantial reason," or a sufficient "legal excuse," even granting the veracity and accuracy of appellants' factual assertions. In a written order, the trial court denied the appellant's motion as being legally insufficient to establish "good cause" under section 733.705(3). What is or is not sufficient to establish "good cause" to extend the time limitations in section 733.705(3) and its predecessor sections of Florida's Probate Code is primarily addressed to the conscience and discretion of the probate judge. In re Estate of Oxford, 372 So.2d 1129 (Fla. 2d DCA 1979), cert. denied, 383 So.2d 1200 (Fla. 1980). As characterized by the courts, the time periods set forth in section 733.705 and its predecessors are not firm statutes of nonclaim, but they operate as rules of judicial procedure....

...s misunderstanding of the applicable Probate Code provision. The trial court in this case misapprehended his power to grant the extension by requiring the showing of a "legal" cause or excuse. We do not think the trial judge's discretion pursuant to section 733.705(3) is so rigidly circumscribed....

...ng with untimely claims... . This procedure guarantees that claims such as fraud and estoppel are properly adjudicated. 493 So.2d at 449. Subsequently, this court held in In Re Estate of Parson, 570 So.2d 1125 (Fla. 1st DCA 1990), that amendments to section 733.705 revealed a legislative intent to reclassify section 733.702, Florida Statutes (Supp....

...n issued, except as provided in this section. (2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person's death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705....

...Alternatively, if he filed the action in the wrong division, the proper remedy was for the court to transfer the claim to the civil division. The other son maintained that the action could not be transferred because it would disregard the requirements of section 733.705(5), and because the personal representative had not paid a filing fee....

...lared that “independent actions” be filed in the civil division. The personal representative filed the claims in the wrong division, and he could not re-file his petition in the civil division because the statutory thirty-day period expired. See § 733.705(5), Fla....

...Venue of the probate proceedings was properly laid in the county of decedent's last residence, Broward County. § 733.101, Fla. Stat. (1979). However, the statutory provision under which appellees filed this independent action does not refer to venue. § 733.705(3) Fla....

...mitations and in the manner required by chapter 733. Section 733.702(3) provides that any claim not timely filed as required by section 733.702 is forever barred, and no independent action or declaratory action may be taken upon such a barred claim. Section 733.705, Florida Statutes (1988) provides for the manner of filing claims against an estate whether such claims are mature or not or contingent or not. Section 733.705 provides detailed instruction and requirements as to how such claims shall be handled and, if objected to by the personal representative, how an independent action on such claims shall be brought....

...ates to present and to enforce their claims by due and appropriate judicial procedure". For whatever it is worth, the Legislature has seen fit to abandon these inconsistent service provisions, so that now, under amendments effective January 1, 1976 (Section 733.705, Florida Statutes), the objecting party has the alternative of service by registered or certified mail upon the claimant, or service by delivery on the claimant or his attorney....

...death. The Foundation filed a claim for $5,000,000 which represents the value of the promised gift. On May 2, 1991, the Estate filed an objection to the Foundation's claim. On June 3, 1991, a complaint was filed within the 30 day period set forth in Section 733.705(4), Florida Statute (1991)....

...On December 11, 1991, the trial court entered an order granting the motion to dismiss and motion to quash service with prejudice. The trial court found that the amended complaint filed June 13, 1991, did not relate back to the complaint filed on June 3, 1991, and therefore, was barred as untimely pursuant to Section 733.705(4)....

...*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. Stat. Amendment of claims. § 733.705, Fla....

...strated on this record by Mr. Seck's willful and deliberate attempt to serve an objection upon his attorney of record and then failure to communicate with him concerning settlement or withdrawal so that the attorney could protect his own interests." Section 733.705(3), Florida Statutes (1977), provides in pertinent part: "The Claimant shall be limited to 30 days from the date of service of an objection within which to bring an independent action upon the claim....

...94-0341 The personal representative appeals an order extending time for the surviving wife to file an independent action on her claim and an order requiring the personal representative to maintain information as confidential. We affirm the order extending time, but reverse and remand with direction the confidentiality order. Section 733.705(4), Florida Statutes (1991), provides in pertinent part: (4) 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 t...

...File Action to Establish Validity of Claim." In that motion, Patterson's attorney recited the procedural history; alleged that Patterson had failed to file an independent action within 30 days of the date of service of the objection, as required by section 733.705(4), Florida Statutes (1999), because she was "unfamiliar with the law"; and, pursuant to section 733.705(4), requested an extension of time within which to file an independent action on the claim....

...The motion was not verified, and no supporting affidavits were filed. Following a hearing, the trial court entered an order granting Patterson's motion seeking an extension of time. In that order, the trial court found that Patterson had demonstrated "good cause" for the extension, as required by section 733.705(4), because she "was unfamiliar with the law and ......

...e hearing in support of the allegation that Patterson "was unfamiliar with and unaware of the law requiring her to file an independent action"; and (3) ignorance or unfamiliarity with the law does not constitute "good cause," as that term is used in section 733.705(4), citing cases....

...nal determination," and are therefore appealable). The rationale behind the holding in Smoak remains valid today. The effect of the trial court's ruling is that the personal representative has been deprived of the provisions limiting claims found in section 733.705(4), Florida Statutes (1999), and required to defend an independent civil action on Patterson's claim....

...ant to Florida Rule of Appellate Procedure 9.110(a)(2), and we have jurisdiction. Fla. Const. art. V, § 4(b)(1). III. It is undisputed that Patterson's claim and the personal representative's objection to the claim were timely. See §§ 733.702(1), 733.705(2), Fla. Stat. (1999). To the extent pertinent, section 733.705(4), Florida Statutes (1999), reads: 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.......

...allegedly promised him in but not forthcoming under the will. On January 25, 1985, appellee filed a motion to dismiss the complaint based on appellant's failure to file in the estate proceeding written notice of the independent action as required by section 733.705(3), Florida Statutes (Supp....

...Because we find, as will be explained hereinafter, that the judge did not err in dismissing the independent claim, we decline to affirm the judgment on such a hypertechnical ground. It is well established under Florida law that the time limitations in section 733.705(3) may be relaxed within the sound discretion of the probate judge, even though the time limit may have expired prior to the filing of the motion for extension....

...In re Estate of Oxford, 372 So.2d 1129 (Fla. 2d DCA 1979); In re Estate of Sale, 227 So.2d 199 (Fla. 1969); In re Estate of Kemp, 177 So.2d 757 (Fla. 1st DCA 1965); In re Estate of Goldman, 79 So.2d 846 (Fla. 1955). The time limitations prescribed by section 733.705(3) for the filing of objections to claims against an estate and for the filing of an appropriate action or suit upon any such claim operate merely as rules of judicial procedure and not as a statute of nonclaim. In re Estate of Oxford; cf. In re Estate of Robins, 463 So.2d 273 (Fla. 2d DCA 1984). Nevertheless, appellee would argue that by virtue of the 1984 amendment to section 733.705(3), the statute metamorphosed into a statute of nonclaim....

...g further action should the time limitations run without extension. [3] Thus, we reach the central issue, that being whether the judge correctly dismissed appellant's complaint based on his failure to timely file notice of such action as required by section 733.705(3)....

...grounds therefor. In the petition, appellant's counsel stated that the law library, which he had continuously utilized for over twenty-five years, did not contain any updated supplements or materials reflecting the fact that, effective May 15, 1984, section 733.705(3) was amended to require written notice filed in the estate proceeding within thirty days of the filing of an independent action....

...Since appellant's petition did not sufficiently allege a basis for good cause to extend, nunc pro tunc, the time for filing notice of the independent action upon the claim, the judge did not err in failing to *19 grant it. Accordingly, faced with the admonition in section 733.705(3) that no action or proceeding shall be brought against the personal representative after the time limitations have expired, such claim being "forever barred," the judge was eminently correct in granting appellee's motion to dismiss. AFFIRMED. BOOTH, C.J., and BARFIELD, J., concur. NOTES [1] Section 733.705(3) provides: 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 and within which to file written notice of such action in the estate proceeding....

...DELL, J. Michael Dimick, as Trustee for the Dimick Family Trust, Tara Properties, Ltd., a California partnership (Tara), and Loren D. Blickenstaff, as Trustee for M & D Trust, appeal from a final order denying their request to extend the time pursuant to section 733.705(4), Florida Statutes, to file an independent action in California against the Estate of Richard K....

...*200 On April 21, 1999, the three appellants timely filed claims against the estate. On May 26, 1999, the personal representative gave notice of objections to each of the claims. On June 25, 1999, appellants timely filed an independent action in the Circuit Court of Palm Beach County, Florida, pursuant to section 733.705(4), Florida Statutes (1999)....

...'s motion to dismiss for failure to join them. Appellants asked the trial court for additional time to file an amended pleading to include these parties. They also advised the trial court of their intention to seek leave from the probate court under section 733.705(4), Florida Statutes (1997), to refile the same independent action against the Barry Estate in California....

...Mayo, Oak Park and Holiday Harbor were already defendants in a companion action pending in California; however, appellants had not timely included the estate as a defendant. On November 22, 1999, appellants filed a motion in the probate court, pursuant to section 733.705(4), Florida Statutes (1999), for leave to refile the same action in California against the estate....

...Appellants also argued that the estate would not be prejudiced, and that the estate had in fact argued to the trial court that the action should be refiled in California. Appellants asked, in the alternative, that if the probate court determined that leave of court was not necessary under section 733.705(4) to refile in California the previously and timely filed Florida suit, that it should provide declaratory relief in its order by indicating that leave of court to file the independent action against the estate in California was unnecessary under Florida law....

...At the hearing before the probate court on appellants' motion for extension of time to file the California action, the estate argued that Mayo, Oak Park and Holiday Harbor, the parties that the trial court had ruled to be indispensable parties, were in fact claimants who had not complied with section 733.705(4) filing requirements....

...ainst the estate, concluding that appellants failed to show "good cause for failing to join indispensable parties to its pending action." The court further concluded, "as even the pending California Action was not timely filed pursuant to Fla. Stat. 733.705(4), the record is devoid of any evidence constituting a substantial reason or legal excuse for [appellants'] failure to join indispensable parties to the independent action filed in Florida." We hold that the probate court abused its discreti...

...e controversy." Id. at 354 U.S. 96, at 77 S.Ct. 1115. The Court held that where antagonism and hostility is found through the clash of management and shareholders then the courts may not realign the corporation as a party plaintiff. Id. Id. at 1415. Section 733.705(4), Florida Statutes provides, in pertinent part: 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, ... For good cause, the court may extend the time for filing an action or proceeding after objection is filed. § 733.705(4), Fla....

...Syndicated Offices Systems, 529 So.2d 267 (Fla.1988), the supreme court wrote, concerning a probate court's discretion to extend a creditor's time to file: The probate court may extend the creditor's time where good cause is shown for *202 the delay. § 733.705(3), Fla....

...rcuit Court of Palm Beach County. Thereafter, the Wyoming action was dismissed for venue reasons. Subsequently, the Palm Beach County Circuit Court dismissed with prejudice appellant's wrongful death suit, concluding that it was untimely filed under section 733.705(3). [3] This court reversed, holding that "the filing of the independent action in Wyoming within 30 days after [an] objection [was] filed [by the estate] to the claim, was a timely filing within the first sentence of Section 733.705(3)." Id. at 339-340 (citation omitted). Here, appellants' independent action was timely filed in Florida under section 733.705(4)....

...the time to file an independent action against the estate in California. Accordingly, we reverse the probate court's order denying appellants' motion for an extension of time to file an independent action in California against the estate pursuant to section 733.705(4), Florida Statutes and remand for further proceedings consistent with this opinion....

...THE COURT: What difference does that make if they're going to file an independent action against all the individual parties out in California and proceed with the same lawsuit out there? MR. RAFKIN: Because the Statute here requires that all the Claimants file within thirty days and they didn't. The independent action— [3] Section 733.705(3) has been renumbered to 733.705(4).

...Notice of administration was properly published on 14 and 21 December 1983. On 8 March 1984, Fazioli filed a claim in the estate on Johnson's behalf for $500,000. Objection to this claim was timely made by Thomas Brown, attorney for the personal representative, pursuant to Section 733.705(2), Florida Statutes (1983). Copies of the objection were mailed by certified mail to Johnson and Fazioli. Both had received the objection by 15 March 1984, as evidenced by certified mail receipts. Pursuant to Section 733.705(3), Florida Statutes (1983), Johnson had 30 days from this date of service in which to bring an independent action on her claim, or until 14 April 1984....

...District Court of Appeal of Florida, First District. August 25, 1977. *742 Robert C. Parker, Jr., Tallahassee, for appellant. Robert A. Mick, Henry, Buchanan, Mick & English, P.A., Tallahassee, for appellee. PER CURIAM. The trial court correctly construed the term "independent action" appearing in § 733.705(3), Florida Statutes, 1975, to require the filing of a separate action upon a claim against an estate to which an objection has been filed rather than the filing of a petition for payment of the claim in the probate action....

...an objection has been filed. No opinion upon this question remotely suggests that a petition for payment of claim would suffice. Every case reviewed reflects that a separate action from the probate proceeding must be filed. The subject statute, Sec. 733.705(3), Fla....

...state of Appellees' mother and granting Appellees' motion for an extension of time to file an objection to the claim. We agree with Appellants that the trial court lacked authority to relieve Appellees from the order compelling payment of the claim. Section 733.705(2), Florida Statutes, providing that a court may extend the time for filing or serving an objection to a claim against an estate, does not address a situation where an order has been entered compelling payment of a claim....

...on against the decedent's estate. 4. That the claimant is not a resident of the State of Florida and as such is not familiar with the nature and extent of the decedent's estate nor the provisions of the Florida Probate Code. The governing statute is Section 733.705(3), Florida Statutes (1977), which states in part: (3) The claimant shall be limited to 30 days from the date of service of an objection within which to bring an independent action upon the claim....

...Johnson, 378 So.2d 1260 (Fla. 5th DCA 1979). As one might expect, neither the personal representative nor any other interested party filed a written objection to the claim within four months from the first publication of notice of administration as required by Section 733.705(2), Florida Statutes (1979)....

...The petition was supported by affidavits from both the personal representative and the attorney of record that neither of them had received a copy of the creditor's claim. Upon these facts, the probate court found that the personal representative had failed to demonstrate good cause as required by Section 733.705(3), Florida Statutes (1979) so as to warrant the extension of time to object to the claim....

...The claimants appeal from an order of the probate court striking their claim against the decedent's estate for failing to file a written notice of their commencement of an independent civil action against the personal representative as required by section 733.705(3), Florida Statutes (1985)....

...The notice shall contain: (1) the names of the parties; (2) the style of the court and the case number; (3) the county and state where the proceeding is pending; (4) the date of commencement of the proceeding; and (5) a brief statement of the nature of the proceeding. The relevant portion of section 733.705(3), Florida Statutes (1985) reads: 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 and within which to file written notice of such action in the estate proceeding....

...Florida Dep't of Health & Rehabilitative Servs., 391 So.2d 358 (Fla. 5th DCA 1980); Hauser v. Dr. Chatelier's Plant Food Co., 350 So.2d 548 (Fla. 2d DCA 1977). Consequently, because the filing of an informational notice is primarily procedural, we find that the statute, section 733.705(3), amounted to an unconstitutional incursion into the exclusive rule-making power of the supreme court....

...cedural aspects of the statutes not addressed by the rules. Accordingly, since the rules specifically address the notice requirement and mandate that the personal representative must provide notice of civil suit, the informational notice required by section 733.705, Florida Statutes (1985), as adopted by the supreme court, was superseded....

...This is even more evident when the claimant's alleged failure to provide the information causes it to forfeit its position as a creditor of the estate. We do not believe the supreme court intended such a redundant, much less, odious result. See Ricciardelli, 505 So.2d at 487. For the foregoing reasons, we hold that section 733.705(3), Florida Statutes *6 (1985), is unconstitutional and reverse the trial court's order striking the creditors' claims against the decedent's estate. This cause is reversed and remanded for further proceedings. [1] ON MOTION FOR CLARIFICATION PER CURIAM. On motion for clarification appellees argue that our opinion is ambiguous as to the continuing viability of those portions of section 733.705(3), Florida Statutes (1985), not specifically addressed by the opinion. In the interest of absolute clarity we amend the final paragraph of the opinion to read as follows. For the foregoing reasons, we hold that section 733.705(3), Florida Statutes (1985), is unconstitutional as it impinges upon the supreme court's exclusive rule-making power, and that section 733.705(3), as adopted by the supreme court, is superseded to the extent that it is inconsistent with Florida Rule of Probate and Guardianship Procedure 5.065(a)....

...[2] NOTES [1] We acknowledge that this result conflicts with the result reached by our sister court in Golden v. Atlantic Nat'l Bank, 481 So.2d 16 (Fla. 1st DCA 1985), review denied, 492 So.2d 1332 (Fla. 1986). [1] Our opinion has no effect on those aspects of section 733.705(3), Florida Statutes (1985), which have been adopted by the supreme court and are not in conflict with Florida Rule of Probate and Guardianship Procedure 5.065(a)....

...Subsequently, claimant filed a motion to extend time for filing action and the court entered an order granting claimant additional time to file a petition for further proceedings to initiate *129 suit on the claim. Claimant then filed a document entitled Motion for Court to Set Hearing pursuant to F.S. 733.705(5)....

...he issue and the court entered judgment in favor of claimant. The personal representative’s motion for rehearing was denied. Appellant contends that the trial court erred in failing to require the claimant to file an independent action pursuant to Section 733.705(3), Florida Statutes (1977). We believe that appellant’s argument has merit and, therefore, reverse the final judgment entered in favor of the claimant. The statutory requirement of Section 733.705(3) contains the following: (3) The claimant shall be limited to 30 days from the date of service of an objection within which to bring an independent action upon the claim, (emphasis added) “Independent action” as defined in Costin v....

...In view of the foregoing, it is not necessary for us to address the remaining issues raised by appellant. The final judgment under review is hereby reversed. In all fairness to the appellee, the trial court should, after notice, entertain a motion to extend the time for filing an independent action upon the claim. Section 733.705(3), Florida Statutes (1977)....

...proceeding. The orders under review deny motions filed by the estate creditors to extend the time within which to file their respective written notices of an independent action brought against the estate. These notices, it is urged, are required by Section 733.705(3), Florida Statutes (1985), to be filed in the estate proceeding within thirty days from the date of service of the estate representative's objection to the said claims....

...5.100, although, frankly, we have grave doubts whether such a drastic sanction is authorized under our law. [1] We reverse the orders under review and remand with directions to grant the creditors' motions for extension of time based on the following briefly stated legal analysis. First, we assume, without deciding, that Section 733.705(3), Florida Statutes (1985), requires that a separate notice of an independent *488 action be filed in the estate proceeding within thirty days of the service of the estate representative's objection to claim where, as here, the indep...

...L.H., 392 So.2d 294 (Fla.2d DCA 1980), approved, 408 So.2d 1039 (Fla. 1982); Johnson v. State, 308 So.2d 127 (Fla. 1st DCA 1975), aff'd, 346 So.2d 66 (Fla. 1977). Third, we finally assume, without deciding, that the notices filed by the creditors in the estate proceeding below were untimely filed under Section 733.705(3), Florida Statutes (1985), although the creditors here make a compelling argument to the contrary; at worst, however, these notices were filed only eight days late. Fourth, the reason given by sworn affidavit for the late filing of the subject notices stated "good cause" for an eight-day extension of the thirty-day time period as provided for in Section 733.705(3), Florida Statutes (1985), to wit: (a) the law firm representing all of the estate creditors involved in these appeals did not receive a copy of the estate's objection to the creditors' claims until February 24, 1986, (after sevente...

...denied, 383 So.2d 1200 (Fla. 1980); English v. Hecht, 189 So.2d 366 (Fla. 3d DCA), cert. denied, 194 So.2d 619 (Fla. 1966). Finally, given this showing of "good cause" for an extension of time within which to file the subject notices as authorized by Section 733.705(3), Florida Statutes (1985), the trial court abused its discretion in denying the creditors' motions for said extension filed below....

...Florida recognized when it promulgated Florida Rule of Probate and Guardianship Procedure 5.065 requiring the very same notice to be filed by the personal representative. [2] Next, even if I am wrong in my assessment that this notice requirement in Section 733.705(3) is unconstitutional, I do not think that a finding that its passage was properly within the Legislature's prerogative means that creditors who fail to file timely this notice and fail to procure an extension for filing the notice are, therefore, doomed to have their independent actions dismissed. Considering that the notice is virtually meaningless where the court in which the estate is pending and the court in which the independent action is brought are the same, and considering that Section 733.705(3) does not mandate the sanction of dismissal — much less any sanction — for the failure to file timely this notice, I cannot conceive that the draconian sanction of dismissal — the result approved by the First (and, I hope, only) District in Golden v....

...ild support judgment. We reverse the order. After the estate objected to this claim, Ms. Howard filed an independent action, which was dismissed for failure to prosecute. When she refiled her claim several years later, it was untimely under sections 733.705 and 733.710, Florida Statutes (1989)....

...Howard filed a timely statement of claim on April 24, 1989, in the estate proceeding, seeking payment on this child support judgment. The personal representative objected to the claim on a timely basis, and Ms. Howard filed an independent action within thirty days in Pinellas County to enforce the claim pursuant to section 733.705(4), Florida Statutes (1989)....

...Although section 733.710(3) states that the section does not affect "the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien," no similar protection is provided for a judgment lien. Section 733.705(2) permits the personal representative to make a timely written objection to a claim, and section 733.705(4) then allows the claimant thirty days in which to file an independent action upon the claim....

...First, no showing of good cause was made below for the personal representative's untimely filing of an objection to the instant claim. The personal representative was required to file his objection within thirty days after the filing of the subject claim, § 733.705(2), Fla.Stat....

...receive the balance of the savings account. Appellant claims she had and still has possession of both passbooks. The motion to strike or expunge the claim and the hearing scheduled thereon was an unusual departure from probate procedure provided in section 733.705(2) and (3)....

...on. Unless the personal representative's notice and motion to strike tolled the thirty day period in which claimant could bring an independent action on the claim, or constituted good cause for the court to extend the time, claimant was barred under section 733.705(3)....

...ment to establish good cause for the trial court to grant an extension of time or for this court to fault the trial court for failure to grant such extension. I perceive the trial court correctly disposed of this matter and I would affirm. NOTES [1] Section 733.705, Florida Statutes (1979), provides: (2) On or before the expiration of 4 months from the first publication of notice of administration, a personal representative or other interested person may file a written objection to any claim....

...r to the possibility of default interest being due should the loans go into default, First Union did not properly preserve its ability to collect default interest. We hold that the claim adequately put the estate on notice of the promissory note and section 733.705(8), Florida Statutes (1991), requires the personal representative to pay interest in accordance with the terms of the written obligation on which a claim is based....

...See, e.g., Lord & Son Constr., Inc. v. Roberts Elec. Contractors, Inc., 624 So.2d 376, 377 n. 2 (Fla. 1st DCA 1993) ("where a writing expressly refers to and sufficiently describes another document, the other document is to be interpreted as part of the writing"). Moreover, section 733.705(8) provides for the payment of interest by a personal representative on a claim that is "founded on a written obligation of the decedent providing for the payment of interest." Thus, the statute requires that the personal representative pay interest in accordance with the written instrument....

...eeded in any event for the Cuban heir. Thereafter both the personal representative and the Cuban heir filed their objections to Delgado's claim. Delgado moved to strike the personal representative's objection on the ground that it was untimely under section 733.705(2), Florida Statutes....

...(2) This section shall not apply to a creditor who has filed a claim pursuant to § 733.702 within 2 years after the person's death, and whose claim has not been paid or otherwise disposed of pursuant to § 733.705. (3) This section shall not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien. § 733.710, Fla....

...breach of prenuptial agreement. The jury found that Bell did not commit conversion or breach his fiduciary duty as trustee. In a subsequent proceeding, the trial court ruled that Snyder was not entitled to an award of attorney's fees and costs under section 733.705, Florida Statutes (1995), which denies fees and costs to any claimant who prematurely files suit against an estate before a personal representative files an objection to a claim....

...d against an individual without a share in the estate. Both parties filed timely notices appealing the orders, which this court consolidated for purposes of this appeal. On appeal, Snyder incorrectly argues that the trial court erred in finding that section 733.705 of the Probate Code precluded an award of attorney's fees....

...(2) On or before the expiration of 4 months from the first publication of notice of administration or within 30 days from the timely filing of a claim, whichever occurs later, a personal representative or other interested person may file a written objection to a claim. § 733.705, Fla. Stat. (1995). The trial court found that section 733.705 precluded attorney's fees for Snyder because Snyder filed suit before she filed her claim and before the personal representative could object....

...any claim to which the personal representative has filed no objection." We disagree and find that the November 21, 1995 complaint, which contained allegations regarding the subject of Snyder's claim against the Estate, constituted "an action" under section 733.705. Because Snyder brought an action on the claim within five months of administration and before Bell objected, we conclude that section 733.705 precludes an award of attorney's fees to Snyder....

...If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability.... § 772.11, Fla. Stat. (1995). The trial court found that section 772.11 conflicted with section 733.705 in that it seemingly reduced the time a personal representative may take to object to a claim to thirty days, instead of four months. Although Snyder argues that section 772.11 controls because it is more specific than section 733.705, we conclude that the policy behind the Probate Code establishes that section 733.705 should control. Section 733.705 was enacted in order to provide a personal representative more time in which to evaluate claims before distributing assets....

...st a deceased third party. Snyder also argues that the statutes could be read together to allow an estate four months to consider and pay a civil theft claim without incurring attorney's fees. However, this interpretation ignores the plain intent of section 733.705 to punish a claimant for filing before an objection by disallowing attorney's fees. Therefore, we reject this interpretation of the statutes. Alternatively, Snyder argues that she should be awarded attorney's fees against Malvern's trust because section 733.705 does not apply to trusts....

...However, a pour-over trust, which Malvern established, is treated as a testamentary disposition for the purpose of awarding attorney's fees against an estate. See In re: Estate of Paulk v. Lindamood, 529 So.2d 1150, 1153 (Fla. 1st DCA 1988). Accordingly, section 733.705 applies in this case and precludes attorney's fees for Snyder. Finally, Snyder argues that she is entitled to costs pursuant to sections 733.705 and 57.041, [1] Florida Statutes (1995). This court's holding that section 733.705 precludes attorney's fees in favor of Snyder applies to preclude costs under this section as well. Additionally, Snyder's argument that application of section 57.041 is mandatory fails because we conclude that section 733.705 controls....

...The trial court entered its order denying Kelly's motion for reconsideration on February 8, 1996, and stated that the confusion of Kelly's employees regarding the estate's objection was legally insufficient to allow an extension of the time within which to file an independent action in circuit court. Section 733.705(4), Florida Statutes (1995) states that a probate claimant is limited to a period of thirty days from the date of service of an objection to bring an independent action in circuit court on the claim....

...e, to publish a notice to creditors or serve notice on ascertainable creditors. The provision, as originally proposed, was intended to specifically mirror the procedural steps pertaining to the payment of and objection to claims as set forth in F.S. § 733.705 of the Probate Code....

...Eckert filed a separate lawsuit on the disputed claim. She also petitioned the court to order the personal representative to pay the claim on the ground that she had not been served with the objection by certified or registered mail within ten days of filing as required by section 733.705(2), Florida Statutes (1981)....

...The personal representative filed a motion for rehearing, which the court granted after Eckert's counsel failed to appear at the hearing on the motion. However, on Eckert's motion, the court later set aside the order granting rehearing. The appellant argues that the court should not strictly construe section 733.705(2) and that the appellee received sufficient "notice" of the objection to her claim and did not claim any hardship or prejudice. The pertinent portion of section 733.705(2) reads: If an objection is filed, the person filing it shall serve a copy of the objection by registered or certified mail to the address of the claimant as shown on the claim or delivery to the claimant to whose claim he objects or...

...to have never received it, she nevertheless knew of the objection and, therefore, had "notice" that an objection to her claim had been filed. The language of the statute is clear. To fulfill the requirements for filing an objection to a claim under section 733.705(2), "the person filing it shall serve a copy of the objection by registered or certified mail ......

...ient notice despite noncompliance with the statute. Brugh is distinguishable from the case before us. In Brugh, the court was considering the sufficiency of service of an objection under section 733.18(2). That statute was the predecessor statute of section 733.705(2) and did not provide that service of an objection could be upon the claimant's attorney....

...A copy of the written notice, together with proof of delivery, is attached hereto as Exhibit B. 4. More than 30 days have elapsed since delivery of the written notice, but no action has been taken to enforce the Claim of Shelby Company Limited and the Claim is, therefore, barred by Section 733.705 of the Florida Statutes." The recitals were accurate and the trial court struck the claim upon the basis that Shelby had not met the requirements of Section 733.705(3), Florida Statutes (1980) (which provides a cut off date for filing an independent action on a claim after objection) or the extension of time provided by stipulation....

...Cloer v. Shawver, 177 So.2d 691 (Fla. 1st DCA 1965); Kornblum v. Heflin, 183 So.2d 843 (Fla. 2d DCA 1966), cert. denied, 189 So.2d 632 (Fla. 1966), and Brown v. Wood, 202 So.2d 125 at 128 (Fla. 2d DCA 1967). We believe that the rationale and purpose of Section 733.705, Florida Statutes (1980) is to uncover and resolve or bar all pending claims against an Estate so that the administration can be processed expeditiously to the end that assets may be marshalled, proper creditors paid, and distribution made....

...Dissolution of marriage; support; custody. ch. 63, Fla. Stat. Adoption. § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla....

...Issues of liability as between the estate and the personal representative individually for that claim shall be determined in the estate administration, in a proceeding for accounting or surcharge, or in another appropriate proceeding. This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, with respect to a proof of claim filed by the personal representative....

...Gonzalez of Gievers & Gonzalez, P.A., Miami, for petitioner. Lenard H. Gorman of Lenard H. Gorman, P.A., Miami, for respondent. McDONALD, Justice. We review First Florida Leasing, Inc. v. Watson, 516 So.2d 1062 (Fla. 3d DCA 1987), in which the court held a notice provision of section 733.705(3), Florida Statutes (1985), unconstitutional....

...Watson objected to a claim filed by First Florida Leasing against the estate of Michael Corso. First Florida then filed a timely independent action against the estate but failed to file the notice of independent action with the probate division as called for by section 733.705(3)....

...Here, as it did in Z & O Realty, the district court acknowledged conflict with the result reached in Golden v. Atlantic National Bank of Jacksonville, 481 So.2d 16 (Fla. 1st DCA 1985), review denied, 492 So.2d 1332 (Fla. 1986). Clearly the portion of section 733.705(3) which requires a claimant to file written notice of an action in the estate proceeding is procedural and trespasses upon this Court's rule-making authority....

...the personal representative. The Florida Bar Re Amendments to Rules — Probate and Guardianship, 458 So.2d 1079 (Fla. 1984). It is evident that we failed to note the dual responsibility to report an action against an estate caused by rule 5.065 and section 733.705(3)....

...m the statute was still viable during these proceedings. First Florida's failure to report these actions in the probate proceeding does not necessarily defeat its claim, however. The penalties for violating rules are the responsibility of the court. Section 733.705(3) requires two things: (1) an action must be filed within thirty days from the objection to a claim, and (2) a notice of the independent action must be filed in the probate file....

...GRIMES, Justice, concurring in part and dissenting in part. Justice McDonald's opinion represents a laudable effort to try to avoid a result which appears to be harsh. I am concerned, however, that this is a "hard case" which will make "bad law." I agree that the portion of section 733.705(3), Florida Statutes (1985), requiring a claimant to file a written notice of his suit in the estate proceeding is unconstitutional because it is procedural in nature and controlled by this Court's exclusive constitutional authority to promulgate rules of practice and procedure. I also agree that when we adopted all procedural aspects of chapter 733 as temporary rules of court the notice requirement of section 733.705(3) became a rule of procedure and was not nullified by the adoption of rule 5.065. This is particularly so because rule 5.065 was promulgated before the adoption of the temporary rules. Since the notice requirement of section 733.705(3) adopted by this Court as a temporary rule of procedure was not negated by the provisions of rule 5.065, I don't see how the failure of the claimant to file the requisite notice in the probate court within thirty days does not defeat its claim. No one suggests that the wording of section 733.705(3) would not bar the claim in this case if the statute were valid....

...The same wording was adopted by this Court as a temporary rule of procedure, and there is nothing which implies that the penalty for the rule's violation would be any different than if the substance of the rule were a valid statute. To put it another way, if the wording of section 733.705(3) were sufficient to bar the claim as a statute, how can the same wording be construed to the contrary simply because it has now been transferred to a rule? Hence, I reach the inescapable conclusion that the claim is barred....

...same. Because the trial court's ruling is based on interpretation of the Florida Probate Code and Florida Probate Rules, this Court's standard of review is de novo. See, e.g., Pinellas County v. City of Largo, 964 So.2d 847, 851 (Fla. 2d DCA 2007). Section 733.705(2), Florida Statutes, provides, in pertinent part: [A] personal representative or other interested person may file a written objection to a claim....

...The failure to serve a copy of the objection constitutes an abandonment of the objection. (Emphasis added). Subsection (5) provides that the claimant has "30 days from the date of service of an objection within which to bring an independent action on the claim." § 733.705(5), Fla. Stat. The Florida Probate Rules, referenced in section 733.705, delineate specific requirements for filing an objection....

...Under the rule, this is required for an objection. Thus, even assuming that the motion to strike could double as an objection, it failed to comply with the rules governing the manner for objecting to a claim. An objection must comply with the statutory requirements of section 733.705 and Rule 5.496....

...Instead of ending its inquiry there, the probate court proceeded to determine the validity of Mark's claim. Under the applicable probate statutes, the merits of Mark's claim should have been determined in an independent action. In disputes over the validity of timely filed claims, section 733.705(4) requires the claimant to "bring an independent action upon the claim" if an objection to the claim is served. Section 733.705(5) contemplates the use of an independent action after the probate court permits the filing of an untimely claim....

...(3) Any claim not timely filed as provided in this section is barred even though no objection to the claim is filed unless the court extends the time in which the claim may be filed. An extension may be granted only upon grounds of fraud, estoppel, or insufficient notice of the claims period. (Emphasis added). In addition, section 733.705, Florida Statutes (2007), requires a claimant may only bring an independent action against an estate based on an untimely claim filed pursuant to section 733.702(1) if the claimant has been granted an extension by the probate court....

...to the time within which objections to the claim must be filed. The time for objections runs from the date of the first publication of notice of administration, and not from the time of service or receipt of the claim by the personal representative. Section 733.705, Florida Statutes (see footnote 2)....

...laim is provided to the attorney. The statutory method of service is hardly one of substance, see In re Florida Rules of Criminal Procedure, 272 So.2d 65 (Fla. 1973), and the stated time limits for disallowing objections untimely filed, set forth in Section 733.705, Florida Statutes (1977), operate as rules of judicial procedure....

...410, 181 So. 833, 838 (1938); In re Goldman's Estate, 79 So.2d 846 (Fla. 1955); Greer v. Estate of Smith, 342 So.2d 1007 (Fla. 4th DCA 1977). In Greer, the court, in its construction of Section 733.18(2), Florida Statutes (1975), the predecessor statute to Section 733.705, stated that the statute's requirement that a claimant is limited to one calendar month from the date of service of an objection within which to bring suit should be harmonized with Fla.R.Civ.P....

...She further stated that it is common practice for the attorney for the estate to verify with the Clerk's office the claims filed against the estate at the expiration of the three month claim period, and that no such claim information was requested in this case. [2] Section 733.705, Florida Statutes, allows objections to be filed on or before the expiration of four months from the date of first publication of notice of administration....

GREEN, OLIVER L., Jr., Associate Judge. Presented here is the issue of whether, after service of an objection to a timely filed claim against an estate, an independent action was filed within the time limitations of Section 733.705(3), Florida Statutes (1979)....

...This matter came on for hearing upon the Petition filed by MARJORIE ANN POULSEN, as Personal Representative of the Estate of Charles I. Poulsen, Jr., Deceased, for the approval of the filing of an independent action for relief under Florida Statute 733.705(3), and the Court having heard argument of counsel, and being otherwise advised in the premises, it is ORDERED AND ADJUDGED that the filing of the independent action by MARJORIE ANN POULSEN, Personal Representative of Charles I....

...bank venue statute, dismissed the Wyoming wrongful death action. Subsequently, on defendants’ motion, the Circuit Court of Palm Beach County, Civil Division, dismissed with prejudice appellant’s wrongful death suit pending there on the basis of Section 733.705(3), Florida Statutes (1979), that suit having been filed more than 30 days after objection to Mrs....

...nsion of time to file suit for good cause shown. Rather (appellees say) it was simply an advisory opinion of the probate division judge that the filing of the wrongful death action in Wyoming satisfied the 30 day requirement of the first sentence of Section 733.705(3)....

...6, 1979. However, our decision does not require that we make that determination. We hold that the filing of the independent action in Wyoming within 30 days after objection filed to *340 the claim, 2 was a timely filing within the first sentence of Section 733.705(3)....

...t estate should be a national bank with its principal offices in Palm Beach County, Florida, ought not, standing alone, prevent the timely filed action in the Wyoming state court from being a full and adequate compliance with the time limitations of Section 733.705(3)....

LETTS, Judge. Appealed is a probate judge’s order extending the time for an estate to file an objection to a claim made against it. We reverse. The first publication of notice of administration was on October 20, 1977. Under Section 733.705(2), Florida Statutes (1977) the time for filing an objection to any claims made ended four months later....

...Thereafter however, an unsworn motion for an extension of time to file objections was filed by counsel for the estate, said motion unaccompanied by any affidavits, or any other form of proof, other than a copy of a letter hereinafter referred to. In essence, pursuant to Section 733.705(3), the motion for extension set forth as “good cause” that the personal representative was not a resident of Florida and had discussed the pros and cons of objecting to the appellant’s claim with local counsel in Ohio on whose advice she relied....

...ges in (e). Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. *1184 § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla....

...Suspension of statutes of limitation in favor of the personal representative. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.701, Fla. Stat. Notifying creditors. § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.705, Fla....

...§ 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. Stat. Amendment of claims. § 733.705, Fla....

...An objection shall contain a statement that the claimant is limited to a period of 30 days from the date of service of an objection within which to bring an action as provided by law. Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to furnish notice of the time limitation in which an independent action or declaratory action must be filed after objection to a claim....

...subsequent subdivisions relettered. Reference to service on the claimant’s attorney removed because service on the attorney is required by rule 5.041(b). Committee notes revised. Statutory References § 731.201(4), Fla. Stat. General definitions. § 733.705, Fla....

...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. Stat. Form and manner of presenting claim. § 733.705, Fla....

...Issues of liability as between the estate and the personal representative individually for that claim shall be determined in the estate administration, in a proceeding for accounting or surcharge, or in another appropriate proceeding. Rule History 2005 Revision: New rule. Statutory Reference § 733.705, Fla....

...733.104 Suspension of statutes of limitation in favor of the personal representative. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.508 Accounting upon removal. F.S. 733.604 Inventory. F.S. 733.701 Notifying creditors. F.S. 733.702 Limitations on presentation of claims. F.S. 733.705 Payment of and objection to claims....

...Committee Notes This rule reflects a procedural requirement not founded on a statute or rule. Rule History 1984 Revision: New rule. 1988 Revision: Committee notes expanded. Statutory References F.S. 733.612(20) Transactions authorized for the personal representative; exceptions. F.S. 733.705(3) Payment of and objection to claims....

...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. F.S. 733.705 Payment of and objection to claims....

...733.104 Suspension of statutes of limitation in favor of the personal representative. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.508 Accounting upon removal. F.S. 733.604 Inventory. F.S. 733.701 Notifying creditors. F.S. 733.702 Limitations on presentation of claims. F.S. 733.705 Payment of and objection to claims....

...Proposed Rule RULE 5.065. NOTICE OF CIVIL ACTION OR ANCILLARY ADMINISTRATION [NO CHANGE RECOMMENDED] Committee Notes This rule reflects a procedural requirement not founded on a statute or rule and is in addition to notice by a claimant required by F.S. 733.705(3). Rule History 1984 Revision: New rule. 1988 Revision: Committee notes expanded. Statutory References F.S. 733.612(20) Transactions authorized for the personal representative; exceptions. F.S. 733.705(3) Payment of and objection to claims....

...Notice; method and time; proof. § 733.203, Fla. Stat. Notice; when required. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.604(2), Fla. Stat. Inventory. § 733.705(2), (3), Fla....

...of claim. 1 The objection was served on McLean Boulevard and it contained language informing McLean Boulevard that it was limited to a period of thirty days from the sendee of the objection within which to bring an action on the claim as provided in section 733.705, Florida Statutes (2000)....

...McLean Boulevard never filed an independent or declaratory action on the claim. In April 2004, the personal representative filed a motion to strike McLean Boulevard’s claim because it had failed to file an independent action on the claim within the thirty-day time limit imposed by section 733.705....

...Cad-gene’s obligations under the settlement agreement, there was no right to have that portion of the statement of claim stricken. The probate court granted the estate’s motion to strike McLean Boulevard’s claim. The only requirements for filing an objection to a statement of claim pursuant to the 2000 version of section 733.705(2) were (1) that the personal representative or other interested person must have informed the claimant that it had thirty days from the date of service of the objection within which to file an independent action on the claim and (2) that the objection must have been served upon the claimant. Here, the personal representative met both of the requirements of section 733.705(2)....

...EAN BOULEVARD ASSOCIATES A. That portion of paragraph 4 of the claim which states "or unliquidated.” B. That portion of paragraph 5 of the claim which states "and is therefore entitled to a preference over other claims against his estate.” . See § 733.705(3), Fla. Stat. (2000) (now § 733.705(4), Fla....

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

...Notice-,; Mmeth-od and time; proof. § 733.203, Fla.Stat. Notice; when required. § 733.212, Fla.Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla.Stat. Adjudication before issuance of letters. ⅛⅜⅛ 733.604(2), Fla.Stat. Inventory. § 733.705(2), (3), Fla.Stat....

...Notice of administration; filing of objections and claims. 733.508, Fla.Stat. Accounting upon removal. 1⅜£⅛ 733.604, Fla.Stat. Inventory. ⅞⅛⅛ 733.701, Fla.Stat. Notifying creditors. ⅜§⅛ 733.702, Fla.Stat. Limitations on presentation of claims. Fr§4 733.705, 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. Amendment of claims. § 733.705, Fla.Stat....

...An objection shall contain a statement that the claimant is limited to a period of 30 days from the date of service of an objection within which to bring an action as provided by law. Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to furnish notice of the time limitation in which an independent action or declaratory-action must be filed after objection to a claim. Rule History 1992 Revision: New rule. Statutory Reference § 733.705, Fla.Stat....

...Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla....

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

...ant’s claim against this Estate was filed on December 5, 1977; that objection thereto was filed by the personal representative of this estate on January 5, 1978; that on January 27, *766 1978 and within the 30-day period allowed by Florida Statute 733.705(3) for the filing of an independent action upon her claim the movant filed in this probate file a pleading styled in this cause and entitled “Wrongful Death Complaint” and served a copy thereof upon the attorney for this Estate by United...

...tions at law; and that said pleading entitled “Wrongful Death Complaint” is consonant with the said Statement of Claim filed by the movant on December 5,1977, but is not an “independent action” as provided for in Florida Statute, 733.795(3) [733.705(3)]. “This Court, in the exercise of its discretion in this probate proceeding, has the authority to extend the time for filing an independent action after objection to a claim is filed for good cause shown [Florida Statute 733.705(3)] and to do so for good cause shown even after the time has expired under Florida Statute 733.705(3) for the filing of an independent action [In Re Estate of Sale (Fla.1969) 227 So.2d 199 ; In Re Estate of Verdier (Fla.[App.] 1973) 281 So.2d 543 ; In Re Estate of Pridgeon (Fla....

...2.520 Documents Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic Filing. RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM (a)-(c) [NO CHANGE] Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to furnish notice of the time limitation in which an independent action or declaratory action must be filed after objection to a claim. Rule History [NO CHANGE]...

...FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE’S PROOF OF CLAIM (a)-(e) [NO CHANGE] Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, with respect to a proof of claim filed by the personal representative....

...2.520 Documents Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic Filing. RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM (a)-(c) [NO CHANGE] Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to furnish notice of the time limitation in which an independent action or declaratory action must be filed after objection to a claim. Rule History [NO CHANGE]...

...FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE’S PROOF OF CLAIM (a)-(e) [NO CHANGE] Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, with respect to a proof of claim filed by the personal representative....

...Ultimately, Calhoun filed a motion to enforce his claim. An order was entered granting that motion. That same order required the personal representative to pay the creditor interest from the date of the filing of his claim against the estate. This was error. Section 733.705(6), Florida Statutes (1987), provides that interest is not allowable on an unliquidated claim not founded in writing until the expiration of five calendar months from the date of first publication of notice of administration....

WALLACE, Judge. The issue raised by this appeal is whether a creditor’s claim filed in an estate administration proceeding is barred after an independent action brought to enforce the claim pursuant to section 733.705(4), Florida Statutes (1999), is dismissed for lack of prosecution....

...On April 17, 2001, the appellee, Cheryl D. Mabry, as personal representative of the estate of the decedent (the Personal Representative), served her objection to the claim on the Creditor. On May 17, 2001, within the thirty-day time limit imposed by section 733.705(4), the Creditor filed its independent action to enforce the claim in the Pinellas County Court....

...r that neither the decedent’s estate, the Personal Representative, nor the beneficiaries of the estate would be liable for the Creditor’s claim. From the circuit court’s order, the Creditor timely filed this appeal. The Law The 1999 version of section 733.705(4) provided: *348 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 u...

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

...Eckert filed a separate lawsuit on the disputed claim. She also petitioned the court to order the personal representative to pay the claim on the ground that she had not been served with the objection by certified or registered mail within ten days of filing as required by section 733.705(2), Florida Statutes (1981)....

...ient notice despite noncompliance with the statute. Brugh is distinguishable from the case before us. In Brugh, the court was considering the sufficiency of service of an objection under section 733.18(2). That statute was the predecessor statute of section 733.705(2) and did not provide that service of an objection could be upon the claimant’s attorney....

...Appellant learned of the filing of the claim after the time for filing objections had run. Nevertheless, she proceeded to file her formal objection. Constance, in her *531 individual role as claimant, moved to strike the objection as untimely. Appellant then filed a motion, under section 733.705(3), Florida Statutes, for an extension of time within which to file an objection to the claim....

...w of probate claims. On appeal, the parties discuss whether the estate waived its right to contest the probate claim due to the personal representative not filing an objection to Billy’s claim within the statutory time period provided in section 733.705(2), Florida Statutes (2022).2 Because the probate court did not 1 Arwood did not ultimately prevail because this Court rejected his theory of a constructive trust. 2 Generally, when the personal representative fails to timely...

...pirit of let’s forbear and we’ll be able to work this thing out and it will net out more cents on the dollar to the creditors. Appellant asserts that the evidence before the trial court constituted good cause for extending the time to file suit. Section 733.705(3), Florida Statutes (1981) provides: The claimant shall be limited to 30 days from the date of service of an objection within which to bring an action upon the claim....

...nter such further orders as may be consistent herewith. REVERSED and REMANDED. ANSTEAD, C.J., and HERSEY, J., concur. . Although the letter mistakenly indicated suit must be brought within 60 days of the objection, rather than 30 days as provided in Section 733.705(3), Florida Statutes (1981), the appellant does not rely on this error.

...would have removed the timeframe within which an objection is to be served on a claimant. The Committee explained that it was removing the service deadline because that deadline is not contained within -2- section 733.705, Florida Statutes. That statute sets forth the deadline for filing an objection to a claim and then provides that “the person filing it shall serve a copy of the objection as provided by the Florida Probate Rules.” § 733.705(2), Fla....

...denied, 383 So.2d 1200 (Fla.1980), the trial court found that good cause had been shown and exercised its discretion to grant appellees’ motion. In their second point on appeal appellants contend that the trial court erred in finding that clerical error constituted the good cause required by section 733.705(3), Florida Statutes (Supp.1984), for granting appellees’ motion for extension of time to file an independent action....

...However, because of the diversity of opinions as to what constitutes good cause, we certify the following question to the supreme court: DOES CLERICAL ERROR, SUCH AS IN THE INSTANT CASE, SHOW GOOD CAUSE JUSTIFYING AN EXTENSION OF TIME TO FILE SUIT PURSUANT TO SECTION 733.705(3), FLORIDA STATUTES (SUPP.1984), WHERE THE *1140 ESTATE HAS SHOWN NO PREJUDICE....

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

...§ 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-claiffir §-733-704; — Fla—Stat,—Amendment—ef claimsr § 733.705; ■■ Fla- Stat....

...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. Stat. Amendment of claims. § 733.705, Fla....

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

...ate court erred in failing to award all of the interest due to the claimant under the promissory note. Because the estate did not file a timely objection to the claim, the estate could not contest the award of interest. We find the plain language of section 733.705(9) and the promissory note did not allow the probate court to relieve the estate of the interest as previously agreed to by the parties....

...e the estate moved for an extension of time to object to the firm’s claim. The firm appeals the probate court’s ruling, which limited the amount of interest due as a result of the firm’s alleged delay in pursuing payment of its claim. Section 733.705(9), Florida Statutes, provides that “[i]nterest shall be paid by the personal representative on written obligations of the decedent providing for the payment of interest.” In First Union National Bank of Florida v....

...4th DCA 1997), the claimant filed a statement of claim, seeking principal and interest due under two promissory notes executed by the decedent. The estate did not object to the claims. The probate court disallowed default interest. This court reversed, reasoning that “section 733.705(8) [now section 733.705(9)] provides for the payment of interest by a personal representative on a claim that is ‘founded on a written obligation of the decedent providing for the payment of interest.’ Thus, the statute requires that the personal representative pay interest in accordance with the written instrument.” Id. at 1139. Based on the plain language of section 733.705(9) and Aftab, the firm was entitled to the entire amount of interest as outlined in the promissory note, and specifically the default interest....

...“Where the legislature has provided” “a plain and unambiguous statutory procedure . . . courts are not free to deviate from that process absent express authority.” Pineda v. Wells Fargo Bank, N.A., 143 So. 3d 1008, 1011 (Fla. 3d DCA 2014). In the instant case, section 733.705(9) plainly and unambiguously provides for the payment of interest and does not provide any judicial discretion....

...hether the result would be different if, in fact, the new statute were applied. . We note without explanation that although Ronald admitted receiving $84,000 from his father, in the separate civil action, Robert sought to recover only $80,000. . See § 733.705(4), Fla....

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

...Next, the deadline to serve an objection on a claimant in rule 5.499(e) (Service) is changed from “within 10 days after the filing of the objection” to “at the time of filing [the objection] or promptly thereafter.” This change conforms rule 5.499(e) to section 733.705(2), Florida Statutes, as amended by chapter 2001-226, section 149, Laws of Florida. Finally, to better align form 5.904(d) with section 744.3675(1)(b)2., Florida Statutes, the phrase “no more than 90 days before the end of...

...ing to allow severance of the father and stepbrother’s claims, and (IV) the trial court erred in denying the father’s request for an extension of time because of a third party’s refusal to deliver the motorcycle. Our analysis follows. I. Under section 733.705(4), Florida Statutes (1999), a claimant is limited to a period of thirty days from the date of service of an objection within which to bring an independent action. The court may for good cause, extend the time for filing an action or proceeding after the objection is filed. § 733.705(4) Fla....

...Fields filed her claim within two years of the decedent’s death. It was therefore timely filed. Moreover, as outlined below, the probate court did not bar Fields’s claim for being untimely. The personal representative filed an objection to Fields’s statement of claim. Section 733.705(2), Florida Statutes, provides that “[o]n 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.” Here, the personal representative’s written objection was filed within thirty days of Fields’s claim, so it too was timely. Section 733.705(5) then details the procedure for resolving an objection to a claim filed against an estate....

...period of thirty days from the date of service of an objection within which to bring an independent action on the claim, unless an extension of this time is agreed to by the personal representative in writing before it expires. Id. Additionally, or alternatively, under section 733.705(5)(a), the court, for good cause shown, may 3 extend the time for filing an action or proceeding after the objection is filed....

...above, and the claim is barred without court order.” Id. The record is clear that an extension of this time was neither requested from nor given by the personal representative, nor did Fields ask the probate court for an extension. Accordingly, under section 733.705(5), Fields had thirty days from the date when she was served with the objection to her claim to file an independent action on the claim against the personal representative....

...Simply stated, Fields never filed this required independent action—more particularly, Fields did not file a separate suit in the civil division of the circuit court 1 against the personal representative for damages on her child support arrearages claim. Under the plain language of sections 733.705(5) and (5)(a), which this court is obligated to apply, Fields’s failure to file this independent action within thirty days after having been served with the written objection resulted in her claim being forever barred....

...The appellant, who is the personal representative of a decedent’s estate, challenges the ruling of the trial judge that the failure of the personal representative to serve a copy of her objection to claim on one of two joint claimants constituted an abandonment of the objection as to that claimant under the provisions of section 733.705(2), Florida Statutes (1987)....

...She also timely served a copy of each objection on the attorney for Martha B. Hayden. Subsequently Martha B. Hayden filed a separate civil action on the claims. The appellant made an admittedly untimely service of a copy of each objection on the appellee. Section 733.705, Florida Statutes (1987), provides that a personal representative shall serve a copy of an objection to a claim by registered or certified mail to the address of the claimant as shown on the claim , not later than ten days after the objection has been filed....

...r objection to claim as required by section 733.-705(2). The appellant then filed a petition for extension of time within which to serve *316 objections to claims. That petition was also denied. This appeal followed. We agree with the appellant that section 733.705(2) does not expressly address the procedure to be followed when a single claim is filed by multiple claimants....

...on one of multiple claimants suffices as service on the others. In this case, the joint filing of a claim by the appellee and his mother did not create any legal relationship between them by which service on one could be deemed service on the other. Section 733.705(2) requires service of a copy of the objection by registered or certified mail to the address of the claimant as shown on the claim or by delivery to the claimant to whose claim the person objects or the claimant’s attorney of record, if any, not later than ten days after the objection has been filed....

...Notice; — method and time; proof. § 733.203, Fla. Stat. Notice; when-re-quiredT § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.604(2), Fla. Stat. Inventory. § 733.705(2), (34), Fla....

...§ 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.508, — Flat-Stat. Accounting upon removal. § 733.604,-Fla. Stat. Inventory. § 733.701, Fla. Stat. Notifying creditors. § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.705, Fla....

...§ 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. Stat. Amendment of claims. § 733.705, Fla....

...An objection shall contain a statement that the claimant is limited to a period of 30 days from the date of service of an objection within which to bring an action as provided by law. Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to furnish notice of the time limitation in which an independent action or declaratory action must be filed after objection to a claim. Rule History 1992 Revision: New rule. 2003 Revision: Reference in (a) to notice of administration changed to notice to creditors. Committee notes revised. Statutory Reference § 733.705, Fla....

...between the competing needs of disclosure and secrecy of government records. In Dohnal v. Syndicated Offices Systems, the Supreme Court considered the meaning of “good cause” when it related to a probate court’s discretion to extend a creditor’s time to file a claim under section 733.705(3), Florida Statutes (Supp....

...eeds of disclosure and secrecy of government records. In Dohnal v. Syndicated Offices Systems, the Supreme Court considered the meaning of "good cause" when it related to a probate court's discretion to extend a creditor's time to file a claim under section 733.705(3), Florida Statutes (Supp....

...The personal representative contends that since he properly objected to Deal’s claim and Deal did not bring suit within thirty days of the objection, the claim is barred. Deal contends that the probate court did not abuse its discretion in allowing Deal to assert his claim where section 733.705, Florida Statutes (1989), permits the claim and where there was good cause to support the probate court’s grant of an extension of time for filing an action. Section 733.705(4), Florida Statutes (1989), states, in pertinent part: 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,.... For good cause, the court may extend the time for filing an action or proceeding after objection is filed. The extension of time shall be granted only after notice. The Florida Supreme Court has stated that the time limitation contained in section 733.705(4) operates as a rule of judicial procedure and not as a statute of nonclaim....

...f administration. The estate complied with the statutory requirements and published the notice of administration and filed proof of publication. Appellee timely filed its statement of claim on May 3, and the estate filed a timely objection on May 6. Section 733.705(3), Florida Statutes provides that a claimant has 30 days from the date of service of an objection within which to bring an independent action on a claim....

...The estate filed its motion to strike the claim on June 21 and on August 4 filed proof of service of its objection. The hearing on the motion to strike was held on the same date. The court then entered an order denying the motion and granting the appellee an extension of time in which to file the independent proceeding. Subsection 733.705, Florida Statutes provides in part: * * # * * * For good cause, the court may extend the time for filing an action or proceeding after objection is filed....

...red without any court order. ♦ *«*** The time limitation within which a creditor must file an independent action is merely a rule of judicial procedure and not a statute of nonclaim. Dohnal v. Syndicated Office Systems, 529 So.2d 267 (Fla. 1988). Section 733.705(3) specifically authorizes the court to extend the time for filing an action after an objection upon a showing of good cause and after notice....

...Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla....

...Suspension of statutes of limitation in favor of the personal representative. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.701, Fla. Stat. Notifying creditors. § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.705, Fla....

SCHWARTZ, Chief Judge. The order striking the appellants’ claim because of an alleged failure to maintain an independent action against the estate as required by section 733.705(4), Florida Statutes (1989) is reversed on the ground that the pendency of a federal action against the decedent — in which her estate was substituted as a party defendant and which indeed had gone to a judgment which is presently on appeal — fully satisfied that requirement....

...ly Alpert in her representative capacity as defendant. Sally Alpert filed a motion to dismiss alleging as grounds that Harry Alpert had failed to join Hyman Raskin, the co-personal representative, and that the action was now time barred by virtue of Section 733.705(3), Florida Statutes (1979)....

...Markus, Winter & Spitale Law Firm, 358 So.2d 577 (Fla. 3d DCA 1978), and Louis v. South Broward Hospital District, 353 So.2d 562 (Fla. 4th DCA 1977), to support this position. We agree with those cases; however, they have no application here, nor can we construe Section 733.705(3) as narrowly as appellants suggest. In our view, Section 733.705(3) does not operate as a timebar where, as here, the co-personal representatives are represented by the same attorney and the independent action against the estate is timely filed....

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

PER CURIAM. This is an appeal by the personal representative of an estate from a trial court order extending the time within which an estate creditor may file an independent action against the said estate under Section 733.705(3), Florida Statutes (1985)....

...On March 2, 1979, appellee instituted suit against appellant who was personal representative of the estate. Four days later, appellee filed a statement of claim against the Klotz estate. Appellant did not file a timely objection to the claim as provided in section 733.705, Florida Statutes (1979)....

...sion) and, which, therefore, makes it wholly uncertain whether there ever will be liability. We can only speculate as to whether the “independent hearing” specified in the order is the same as the “independent action” required by the statute 733.705(3), Florida Statutes (1979)....

...and COWART, J., concur. . On August 21, 1979, appellant did file an objection to the claim and subsequently moved the court for an extension of time to permit the objection to be filed. The court denied this request. The time limitation prescribed in section 733.705(2), Florida Statutes (1979), for the filing of objections to claims may be relaxed upon a showing of “good cause.” Section 733.-705(3)....

...2006 Revision: Committee notes revised. Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla....

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

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

...Garbett, deceased, appeals from an order of the Probate Division of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida. Said order granted appellees/claimants’ motion for extension of time to file independent lawsuits against the estate, pursuant to Section 733.705(3), Florida Statutes....

...nal Representative’s Proof of Claim) that would have removed the timeframe within which an objection is to be served on a claimant. The Committee explained that it was removing the service deadline because that deadline is not contained within section 733.705, Florida Statutes. That statute sets forth the deadline for filing an objection to a claim and then provides that “the person filing it shall serve a copy of the objection as provided by the Florida Probate Rules.” § 733.705(2), Fla....

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

...s well as the amended agreement between those parties. The parties stipulated to reasonable and necessary amounts of attorney’s fees and costs and judgment was entered in favor of appel-lees. This appeal follows. Appellant argues that, pursuant to section 733.705(1), Florida Statutes (2000), ap-pellees are barred from receiving attorney’s fees from the estate because they filed suit on their claim prematurely. Ap-pellees counter that appellant’s interpretation of the probate statute is erroneous and contrary to section 95.11, Florida Statutes (2000), which dictates statutes of limitation. Section 733.705(1), states, 1) The personal representative shall pay all claims within 1 year from the date of first publication of notice to creditors, ......

...Subsequent to the filing of the civil suit, the personal representative filed the objection in the probate court. In Snyder v. Bell, 746 So.2d 1100 (Fla. 2d DCA 1999), a creditor filed suit against the estate and was later denied attorney’s fees under 733.705(1). The court held, “[bjecause Snyder brought an action on the claim within five months of administration and before Bell objected, we conclude that section 733.705 precludes an award of attorney’s fees to Snyder.” Id....

...Alternatively, Snyder argued that he was entitled to fees under section 772.11, Florida Statutes, the Remedies for Criminal Punishment Act. Id. In discussing the apparent conflict between the two statutes, the appellate court said: The trial court found that section 772.11 conflicted with section 733.705 in that it seemingly reduced the time a personal representative may take to object to a claim to thirty days, instead of four months. Although Snyder argues that section 772.11 controls because it is more specific than section 733.705, we conclude that the policy behind the Probate Code establishes that section 733.705 should control. Section 733.705 was enacted in order to provide a personal representative more time in which to evaluate claims before distributing assets....

...a deceased third party. Snyder also argues that the statutes could be read together to allow an estate four months to consider and pay a civil theft claim without incurring attorney’s fees. However, this interpretation ignores the plain intent of section 733.705 to punish a claimant for filing before an objection by disallowing attorney’s fees. Id. Appellees attempt to distinguish Snyder on the basis that the court in that case considered section 733.705 in conjunction with another statutory entitlement to fees and not in the context of a contractual entitlement to fees. They argue that section 733.705 could not apply to contractual obligations because “to do so would deny creditors their protected contract rights.” No authority supports this position, however. In fact, the statute is clear that 733.705(1) applies to any claim. See § 733.705(l)(“If any person brings an action ... within the 5 months on any claim to which the personal representative has filed no objection, the Plaintiff shall not receive any costs or attorneys’ fees”)(emphasis added). Alternatively, appellees argue that section 733.705(1) conflicts with the one year statute of limitations imposed by section 95.11....

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

...On appeal, the parties discuss whether the estate waived its right to contest the probate claim due to the personal representative not filing an objection to Billy’s motion for satisfaction of claim within the statutory time period provided in section 733.705(2), Florida Statutes (2022).2 Because the probate court did not expressly address the issue of waiver in the order on appeal and because we reverse the order based on the court’s explicit reasoning, we will not address the issue of waiver....

...claim are, therefore, properly before this court. Turning to the merits of Cohen’s appeal, we also hold that it was error for the trial court to deny the estate’s petition for extension of time to file an objection to Majestic’s $90,000 claim. Section 733.705(2) states that, “[f]or good cause, the court may extend the time for filing an objection to any claim or may extend the time for serving the objection.” See also In re Estate of Sale, 227 So.2d 199 (Fla.1969)(the time limits for f...

...on to Morris’ claim, apparently because of a dispute that existed between Hiles and Uzzo, prior to Uzzo’s death. Thereafter, Morris timely filed her independent action on her claim in the circuit court. The issue was whether Morris complied with section 733.705(3), Florida Statutes (1985), which requires the timely filing of *1218 notice of independent action with the probate court....

PER CURIAM. We find no abuse of discretion by a circuit judge, who is presiding in an estate matter, extending the time to file the notice of institution of an independent action required by Section 733.705(3), Florida Statutes (Supp.1984), 1 particularly when the independent action is commenced timely in the same court, and counsel for the personal representative had actual notice of the action within thirty days of the rejection of the claim and he agreed to accept service of the independent action....

...nst the personal representative or the guardian...." . This opinion is not to be construed as ruling on the necessity for any such notice when the independent action is pending in the same court, or whether the Legislature had the authority to enact Section 733.705(3), Florida Statutes (Supp.1984) providing for the independent notice....

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

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