Florida Statute 733.710 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.710

733.710 Limitations on claims against estates.—

(1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been 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.

(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.

History.—s. 1, ch. 74-106; s. 50, ch. 75-220; s. 36, ch. 77-87; s. 9, ch. 89-340; s. 152, ch. 2001-226.

Note.—Created from former s. 734.29(1).

F.S. 733.710 on Google Scholar

F.S. 733.710 on CourtListener

Amendments to 733.710

Annotations, Discussions, Cases:

Cases Citing Statute 733.710

Total Results: 64

May v. Illinois Nat. Ins. Co.

771 So. 2d 1143, 2000 WL 1707159

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

Cited 34 times | Published

to this Court: WHETHER SECTION 733.702 AND SECTION 733.710 OF THE FLORIDA STATUTES CONSIDERED SEPARATELY

Spohr v. Berryman

589 So. 2d 225, 1991 WL 188309

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

Cited 23 times | Published

three years[1] after the decedent's death, see section 733.710, Florida Statutes (1985), and the payment of

Albritton v. Ferrera

913 So. 2d 5, 2005 WL 2105759

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1331367

Cited 18 times | Published

years of the date of death, as required by section 733.710(1), Florida Statutes (1995), which the court

Comerica Bank v. SDI Operating Partners

673 So. 2d 163, 1996 WL 252235

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 1246208

Cited 18 times | Published

issue emerging from this appeal is whether section 733.710, Florida Statutes *164 (1991), is a statute

Baptist Hosp. of Miami, Inc. v. Carter

658 So. 2d 560, 1995 WL 366678

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

Cited 15 times | Published

after his death and was therefore barred by section 733.710, Florida Statutes (1989): 733.710. Limitations

Avco Corp. v. Neff

30 So. 3d 597, 2010 Fla. App. LEXIS 2960, 2010 WL 793688

District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 1639163

Cited 10 times | Published

DCA 1996) (construing the two-year period in section 733.710 as a statute of repose because the period cannot

Pezzi v. Brown

697 So. 2d 883, 1997 WL 345702

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 1777030

Cited 10 times | Published

Simmons' death, we must also consider whether section 733.710 erects a bar to plaintiffs' cause of action

AHCA v. Estate of Johnson

743 So. 2d 83

District Court of Appeal of Florida | Filed: Sep 8, 1999 | Docket: 1243296

Cited 8 times | Published

presentation of claims. (1) If not barred by § 733.710, no claim or demand against the decedent's estate

Rice v. Greene

941 So. 2d 1230, 2006 WL 3327665

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 431518

Cited 7 times | Published

point, creditors' claims are likely barred by section 733.710, Florida Statutes (2004), a two-year jurisdictional

Thames v. Jackson

598 So. 2d 121, 1992 WL 74874

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

Cited 7 times | Published

WIGGINTON and KAHN, JJ., concur. NOTES [1] Section 733.710, Florida Statutes (1987), provided in pertinent

Langford v. Ferrera

823 So. 2d 795, 2001 WL 1436388

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1512736

Cited 4 times | Published

creditor of the estate was time-barred by section 733.710, Florida Statutes, the statute of repose, and

Lutheran Broth. Legal v. Est. of Petz

744 So. 2d 596, 1999 WL 1062448

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1721502

Cited 4 times | Published

that the petition was barred by operation of section 733.710, Florida Statutes (1997). While insured under

Rogers v. Rogers

688 So. 2d 421, 1997 WL 78424

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 1786889

Cited 4 times | Published

Carter, 658 So.2d 560, 563 (Fla. 3d DCA 1995) (section 733.710, Florida Statutes, which mandates that creditors'

In Re Estate of Bartkowiak

645 So. 2d 1082, 1994 WL 665646

District Court of Appeal of Florida | Filed: Nov 30, 1994 | Docket: 1167854

Cited 4 times | Published

the limitation provision of Florida Statutes Section 733.710. In so ruling, we reject Sun Bank's argument

Crescenze v. Bothe

4 So. 3d 31, 2009 Fla. App. LEXIS 763, 2009 WL 284858

District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1216566

Cited 3 times | Published

two-year statute of limitations set forth in section 733.710(1), Florida Statutes (2005). However, it is

Dobal v. Perez

809 So. 2d 78, 2002 WL 216422

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1385557

Cited 3 times | Published

more than two years after the decedent's death. § 733.710, Fla. Stat. (1991); May v. Illinois Nat'l Ins

Davis v. Starling

799 So. 2d 373, 2001 WL 1415912

District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 1681791

Cited 3 times | Published

they are barred from asserting recoupment by section 733.710, the nonclaim statute.[4] The trial court agreed

Golden v. Jones

126 So. 3d 390, 2013 WL 5810360, 2013 Fla. App. LEXIS 17204

District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60236431

Cited 2 times | Published

reasonably ascertainable creditor is bound only by section 733.710’s two-year statute of repose. We agree. Generally

Jackmore v. Jackmore

71 So. 3d 912, 2011 Fla. App. LEXIS 15783, 2011 WL 4598191

District Court of Appeal of Florida | Filed: Oct 6, 2011 | Docket: 2353424

Cited 2 times | Published

by the two-year statute of non-claim under section 733.710, Florida Statutes. We reverse and remand for

MacK v. Perri

24 So. 3d 697, 2009 Fla. App. LEXIS 19989, 2009 WL 4912602

District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 1648616

Cited 2 times | Published

running of the two-year non-claim period in section 733.710(1). As the Supreme Court held in May v. Illinois

Hogan v. Howard

716 So. 2d 286, 1998 WL 374718

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

Cited 2 times | Published

exception for a claim based on a judgment. Section 733.710 provides that the estate is not liable for

In Re Estate of Puzzo

637 So. 2d 26, 1994 WL 178063

District Court of Appeal of Florida | Filed: May 11, 1994 | Docket: 1270224

Cited 2 times | Published

notice of administration, unless barred by section 733.710, until the later of the 3-month period following

HCA New Port Richey Hosp. v. Estate of Boschelli

588 So. 2d 1012, 1991 Fla. App. LEXIS 10002, 1991 WL 203121

District Court of Appeal of Florida | Filed: Oct 9, 1991 | Docket: 1297547

Cited 2 times | Published

required by Section 733.710, Florida Statutes or any applicable Statute of Limitation." Section 733.710 does

Lerma-Fusco v. Smith

220 So. 3d 562, 2017 WL 2605129, 2017 Fla. App. LEXIS 8849

District Court of Appeal of Florida | Filed: Jun 16, 2017 | Docket: 6079325

Cited 1 times | Published

ascertainable.’’). Notwithstanding these provisions, section 733.710, Florida Statutes, is a jurisdictional statute

Carol Ann Jones v. Edward I. Goden, etc.

176 So. 3d 242, 40 Fla. L. Weekly Supp. 517, 2015 Fla. LEXIS 2153, 2015 Fla. App. LEXIS 14652, 2015 WL 5727788

Supreme Court of Florida | Filed: Oct 1, 2015 | Docket: 2863696

Cited 1 times | Published

two years of the decedent’s death under section 733.710, Florida Statutes (2006). We have for review

Juega v. Davidson

105 So. 3d 575, 2012 WL 6601969, 2012 Fla. App. LEXIS 21700

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227870

Cited 1 times | Published

place in Chapter 733 of the Probate Code that section 733.710(1) applies exclusively to claims against an

Caterineau v. in Re Estate of Brooks

984 So. 2d 545, 2008 Fla. App. LEXIS 5863, 2008 WL 1806106

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1501445

Cited 1 times | Published

JJ. PER CURIAM. We affirm on the basis of section 733.710, Florida Statutes (2002), which provides that

Becklund v. Fleming

869 So. 2d 1, 2003 WL 22316841

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

Cited 1 times | Published

the two-year statute of nonclaim imposed by section 733.710, Florida Statutes (1993), was ultimately held

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

190 F.3d 1200

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

Cited 1 times | Published

after Oscar Bradley’s death, as required by section 733.710. Oscar Bradley died on September 21, 1991.

Palm Garden of Winter Haven, LLC v. Estate of Leon C. Demps

District Court of Appeal of Florida | Filed: Feb 7, 2025 | Docket: 69620529

Published

citing the two- year statute of nonclaim in section 733.710, Florida Statutes (2016) (automatically barring

Grant, Grant v. Kunke Pr

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369600

Published

to the two-year statute of limitations in section 733.710. Golden v. Jones, 126 So. 3d 390, 391-92 (Fla

MARGARETT FIELDS v. ESTATE OF IVA LEE FORD, A/K/A IVA LEE FORD, SR.

District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68836782

Published

section 733.702(1) are timely filed under section 733.710, Florida Statutes, if filed within two years

Samantha Elaine Tsuji v. H. Bart Fleet, etc.

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538861

Published

filed more than three years after he died. Section 733.710(1), Florida Statutes (2013), tells us that

JOHN W. RICH, JR., etc. v. JUDITH R. NAROG

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65363937

Published

two years of the decedent’s date of death. See § 733.710(1), Fla. Stat. (2011) (Florida’s statute of nonclaim)

BARBARA NAMON, etc. v. KAREN NAMON ELDER

District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574111

Published

any claim to the contrary is time-barred by section 733.710, Florida Statutes (2021). This argument implicates

JOAN JOHNSON v. LEE TOWNSEND

259 So. 3d 851

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074525

Published

the two-year statute of repose contained in section 733.710(1), Florida Statutes (2015); and (3) no exception

Wallace v. Watkins

253 So. 3d 1204

District Court of Appeal of Florida | Filed: Aug 13, 2018 | Docket: 7738811

Published

summary administration was time-barred by section 733.710(1), Florida Statutes (2016), commonly referred

Estate of Arroyo v. Infinity Indemnity Insurance Co.

211 So. 3d 240, 2017 Fla. App. LEXIS 456

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 4569373

Published

Fla. Stat. (2011), and the statute of repose, § 733.710, Fla. Stat. (2011), set forth in the probate code

Reyes v. Infinity Indemnity Insurance Co.

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 4573218

Published

Fla. Stat. (2011), and the statute of repose, § 733.710, Fla. Stat. (2011), set forth in the probate code

Estate of Leon v. Wells Fargo Bank, N.A.

163 So. 3d 720, 2015 Fla. App. LEXIS 6216, 2015 WL 1945105

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 60247736

Published

PER CURIAM. Affirmed. See § 733.710(3), Fla. Stat. (2013) (“This section shall not affect the lien of

Estate of Leon v. Wells Fargo Bank, N.A.

163 So. 3d 720, 2015 Fla. App. LEXIS 6216, 2015 WL 1945105

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 60247736

Published

PER CURIAM. Affirmed. See § 733.710(3), Fla. Stat. (2013) (“This section shall not affect the lien of

Souder v. Malone

143 So. 3d 486, 2014 Fla. App. LEXIS 11760, 2014 WL 3756356

District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 60242343

Published

the two-year limitation period set forth in section 733.710.2 Generally, a probate court’s decision on

Staum v. Rubano

120 So. 3d 109, 2013 WL 4081055, 2013 Fla. App. LEXIS 12655

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233877

Published

decedent’s estate *110was untimely pursuant to section 733.710(1), Florida Statutes (2011); and (2) the nursing

Lubee v. Adams

77 So. 3d 882, 2012 Fla. App. LEXIS 684, 2012 WL 163911

District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 60304836

Published

filed his claim within the two-year window of section 733.710. Because a notice to creditors was published

AMP Services Ltd. v. Walanpatrias Foundation

73 So. 3d 346, 2011 Fla. App. LEXIS 17374, 2011 WL 5169987

District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 60303378

Published

pay them as provided in s. 733.607(2). . Section 733.710(1), Florida Statutes (1999), provides: Notwithstanding

Cook v. MillerCoors, LLC

829 F. Supp. 2d 1208, 2011 U.S. Dist. LEXIS 125183, 2011 WL 5359713

District Court, M.D. Florida | Filed: Oct 28, 2011 | Docket: 65977095

Published

except as provided in this section.” Fla. Stat. § 733.710(1). The statute provides an exception for creditors

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

Fla. Stat. Payment of and objection to claims. § 733.710, Fla. Stat. Limitations on claims against estates

Vazquez v. Byrski

993 So. 2d 983, 2007 Fla. App. LEXIS 15930, 2007 WL 2934936

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 64856309

Published

accordance with F.S. 733.702(1), F.S. 733.702(6) and F.S. 733.710.” We agree with the Personal Representative’s

Bush v. Webb

939 So. 2d 215, 2006 Fla. App. LEXIS 16903, 2006 WL 2872522

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 64847174

Published

death and were, thus, untimely pursuant to section 733.710(1), Florida Statutes. Because we agree, we

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

Fla. Stat. Payment of and objection to claims. § 733.710, Fla. Stat. Limitations on claims against estates

Interim Healthcare of Northwest Florida, Inc. v. Estate of Ries

910 So. 2d 329, 2005 Fla. App. LEXIS 14440, 2005 WL 2219224

District Court of Appeal of Florida | Filed: Sep 14, 2005 | Docket: 64840299

Published

jurisdictionally barred on March 22, 2003. See § 733.710(1), Fla. Stat. (2001) (2 years after the death

Coba v. Craig

881 So. 2d 733, 2004 Fla. App. LEXIS 13654, 2004 WL 2049757

District Court of Appeal of Florida | Filed: Sep 15, 2004 | Docket: 64832463

Published

instituted these probate proceedings in 1992. Section 733.710, Florida *734Statutes (1987) does not bar Robert

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Fla. Stat. Payment of and objection to claims. § 733.710, Fla. Stat. Limitations on claims against estates

Becklund v. Fleming

786 So. 2d 660, 2001 Fla. App. LEXIS 8045, 2001 WL 649452

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64805806

Published

fraudulently induced her to delay filing her claim. Section 733.710 provides in part: (1) Notwithstanding any other

David R. May, as Administrator Ad Litem of the Estate of Oscar T. Bradley, Deceased v. Illinois National Insurance Company

245 F.3d 1281, 2001 U.S. App. LEXIS 4979, 2001 WL 298951

Court of Appeals for the Eleventh Circuit | Filed: Mar 28, 2001 | Docket: 1072126

Published

follows: WHETHER SECTION 733.702 AND SECTION 733.710 OF THE FLORIDA STATUTES CONSIDERED SEPARATELY

May v. Illinois National Ins. Co.

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 1999 | Docket: 237702

Published

after Oscar Bradley’s death, as required by section 733.710. Oscar Bradley died on September 21, 1991.

May v. Illinois National Ins. Co.

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 1999 | Docket: 237701

Published

follows: WHETHER SECTION 733.702 AND SECTION 733.710 OF THE FLORIDA STATUTES CONSIDERED SEPARATELY

May v. Illinois National Ins. Co.

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 1999 | Docket: 212282

Published

follows: WHETHER SECTION 733.702 AND SECTION 733.710 OF THE FLORIDA STATUTES CONSIDERED

Payne v. Stalley

672 So. 2d 822, 1995 Fla. App. LEXIS 10200, 1995 WL 570552

District Court of Appeal of Florida | Filed: Sep 29, 1995 | Docket: 64764287

Published

beyond the two-year period established in section 733.710, Florida Statutes (1989). Section 733.702(3)

Winegar v. Estate of Cisek

632 So. 2d 189, 1994 Fla. App. LEXIS 965, 1994 WL 45252

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 64746470

Published

claim is barred” as untimely, pursuant to section 733.710, Florida Statutes (1989).1 Relying upon Tulsa

In re Amendments to the Florida Probate Rules

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

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

Published

Amendment of 733.708, Fla.Stat. Compromise. § 733.710, Fla.Stat. Limitations on claims against estates

Estate of McKinney v. Sofka

585 So. 2d 1201, 1991 Fla. App. LEXIS 9869, 1991 WL 191616

District Court of Appeal of Florida | Filed: Sep 27, 1991 | Docket: 64661644

Published

is time barred by either section 733.702 or section 733.710. Section 733.702, in its terms, applies to

Florida Bar

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

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

Published

733.705 Payment of and objection to claims. F.S. 733.710 Limitations against unad-ministered estates

Florida Bar

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

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

Published

733.705 Payment of and objection to claims. F.S. 733.710 Limitations against unad-ministered estates