733.901 Final discharge.—(1) After administration has been completed, the personal representative shall be discharged.
(2) The discharge of the personal representative shall release the personal representative and shall bar any action against the personal representative, as such or individually, and the surety.
History.—s. 1, ch. 74-106; s. 96, ch. 75-220; s. 42, ch. 77-87; s. 1, ch. 77-174; s. 6, ch. 81-27; s. 29, ch. 95-401; s. 1027, ch. 97-102; s. 168, ch. 2001-226. Note.—Created from former s. 734.22.
Notes of Decisions
Van Dusen v. Se. First Nat. Bank, 478 So. 2d 82 (Fla. 3d DCA 1985).
· cites it 9× “The petition indicated, in accordance with section 733.901(1)(e), Florida Statutes (1977), that interested persons had thirty days in which to file objections to the report of receipts disbursements or the proposed distribution of assets.”
Jason Bradley Sims v. Robert F. Barnard & Jelks & White, P. A., 257 So. 3d 630 (Fla. 1st DCA 2018).
· cites it 11× “Based on the res judicata effect of the final orders in the earlier probate case, and on section 733.901, Florida Statutes, the trial court entered summary judgment for the defendants in Appellant’s subsequent action.”
Florida Bar, 537 So. 2d 500 (Fla. 1988).
· cites it 9× “F.S. 733.901 Distribution; final discharge.”
Lowery v. Lowery, 654 So. 2d 1218 (Fla. 2d DCA 1995).
· cites it 6× “He asserted seven grounds for dismissal, which we summarize as follows: (1) failure to state a cause of action; (2) the bar of section 733.901(5), Florida Statutes (1991); (3) failure to seek revocation of the order of discharge in the probate case; (4) laches; (5) the deeds…”
Amendments to Florida Prob. Rules, 683 So. 2d 78 (Fla. 1996).
· cites it 3× “Subdivision (c) is amended to add the 12-month time specification of section 733.901(1), Florida Statutes. Committee notes revised.”
Fritsevich v. Est. of Voss, 590 So. 2d 1057 (Fla. 3d DCA 1991).
· cites it 2× “060, and no copy of petition for discharge and final accounting, see § 733.901(1), Fla. Stat. (1989), were ever provided appellants.”
Carraway v. Carraway, 883 So. 2d 834 (Fla. 1st DCA 2004).
· cites it 2× “Section 733.901(2), Florida Statutes (2003), specifically bars a subsequent action against a personal representative upon the discharge of the personal representative.”
— 733.901(1) — 11 cases
Florida Bar, 537 So. 2d 500 (Fla. 1988).
“F.S. 733.901 Distribution; final discharge.”
Amendments to Florida Prob. Rules, 683 So. 2d 78 (Fla. 1996).
“Subdivision (c) is amended to add the 12-month time specification of section 733.901(1), Florida Statutes. Committee notes revised.”
Fritsevich v. Est. of Voss, 590 So. 2d 1057 (Fla. 3d DCA 1991).
“060, and no copy of petition for discharge and final accounting, see § 733.901(1), Fla. Stat. (1989), were ever provided appellants.”
— 733.901(1)(e) — 2 cases
Van Dusen v. Se. First Nat. Bank, 478 So. 2d 82 (Fla. 3d DCA 1985).
“The petition indicated, in accordance with section 733.901(1)(e), Florida Statutes (1977), that interested persons had thirty days in which to file objections to the report of receipts disbursements or the proposed distribution of assets.”
— 733.901(2) — 4 cases
Jason Bradley Sims v. Robert F. Barnard & Jelks & White, P. A., 257 So. 3d 630 (Fla. 1st DCA 2018).
“Based on the res judicata effect of the final orders in the earlier probate case, and on section 733.901, Florida Statutes, the trial court entered summary judgment for the defendants in Appellant’s subsequent action.”
Carraway v. Carraway, 883 So. 2d 834 (Fla. 1st DCA 2004).
“Section 733.901(2), Florida Statutes (2003), specifically bars a subsequent action against a personal representative upon the discharge of the personal representative.”
— 733.901(5) — 3 cases
Van Dusen v. Se. First Nat. Bank, 478 So. 2d 82 (Fla. 3d DCA 1985).
“The petition indicated, in accordance with section 733.901(1)(e), Florida Statutes (1977), that interested persons had thirty days in which to file objections to the report of receipts disbursements or the proposed distribution of assets.”
Lowery v. Lowery, 654 So. 2d 1218 (Fla. 2d DCA 1995).
“He asserted seven grounds for dismissal, which we summarize as follows: (1) failure to state a cause of action; (2) the bar of section 733.901(5), Florida Statutes (1991); (3) failure to seek revocation of the order of discharge in the probate case; (4) laches; (5) the deeds…”
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