731.110
Caveat; proceedings.
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731.110 Caveat; proceedings.—
(1) Any interested person who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without that person’s knowledge may file a caveat with the court. The caveat of the interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered. The caveat of a creditor may be filed only after the person’s death.
(2) If the caveator is a nonresident and is not represented by an attorney admitted to practice in this state who has signed the caveat, the caveator must designate some person residing in the county in which the caveat is filed as the agent of the caveator, upon whom service may be made; however, if the caveator is represented by an attorney admitted to practice in this state who has signed the caveat, it is not necessary to designate a resident agent.
(3) If a caveat has been filed by an interested person other than a creditor, the court may not admit a will of the decedent to probate or appoint a personal representative until formal notice of the petition for administration has been served on the caveator or the caveator’s designated agent and the caveator has had the opportunity to participate in proceedings on the petition, as provided by the Florida Probate Rules. This subsection does not require a caveator to be served with formal notice of its own petition for administration.
(4) A caveat filed before the death of the person for whom the estate will be administered expires 2 years after filing.
History.—s. 3, ch. 75-220; s. 2, ch. 77-87; s. 1, ch. 85-79; s. 2, ch. 92-200; s. 948, ch. 97-102; s. 9, ch. 2001-226; s. 2, ch. 2007-74; s. 3, ch. 2010-132; s. 5, ch. 2013-172.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1983–2025 · leading case: Rocca v. BOYANSKY
Rocca v. BOYANSKY (2012)
“Section 731.110(3), Florida Statutes (2009), provides: When a caveat has been filed by an interested person other than a creditor, the court shall not admit a will of the decedent to probate or appoint a personal representative until the petition for administration has been…”
Baptist Hosp. of Miami, Inc. v. Carter (1995)
“] Two days later, on June 17, 1992, and later, on March 29, 1993, Baptist filed caveats with the clerk of the probate division of the circuit court in accord with section 731.110, Florida Statutes (1989) and Florida Probate Rule 5.”
In Re Estate of Hartman (2002)
“260 and section 731.110, Florida Statutes (2000).”
Amendments to the Florida Probate Rules (2003)
“Statutory References § 731.110, Fla. Stat. Caveat; proceedings.”
In Re Estate of Hatcher (1983)
“Appellees filed a caveat with the trial court in Miami pursuant to section 731.110, Florida Statutes (1981), and a petition for revocation of probate on the basis that a valid subsequent will had been executed by the decedent.”
In Re Estate of Clibbon (1998)
“§ 731.110, Fla. Stat. (1995). If appellants had availed themselves of this procedure, they would have received notice and could have timely asserted their claim.”
Posner de Mildenberg v. Grancolombiana Corporacion Financiera, S.A. (1986)
“The caveats filed by the respondents pursuant to section 731.110, Florida Statutes (1983), are ample protection of their interests.”
Florida Bar (1988)
“Statutory References F.S. 731.110 Caveat; proceedings. F.S. 733.”
Florida Bar re Amendment to Rules (1984)
“Statutory References F.S. 731.110 Caveat; proceedings. F.S. 733.”
In re Amendments to the Florida Probate Rules (2010)
“(amending § 731.110, Fla. Stat., to delete requirement that caveat contain personal information also referenced in rule).”
In re Amendments to the Florida Probate Rules (1992)
“1992 Revision: Addition of language in subdivision (b) to implement 1992 amendment to section 731.110(2), Florida Statutes. Editorial changes.”
Tillman v. Clibbon (1998)
“§ 731.110, Fla. Stat. (1995). If appellants had availed themselves of this procedure, they would have received notice and could have timely asserted their claim.”
— 731.110(1) — 3 cases
WILLIAM CRESCENZO v. IRENE SIMPSON, AS PERSONAL REPRESENTATIVE OF THE HERMINIA M. QUINONES ESTATE (2018)
Crescenzo v. Simpson (2018)
— 731.110(2) — 2 cases
Amendments to the Florida Probate Rules (2003)
“Statutory References § 731.110, Fla. Stat. Caveat; proceedings.”
In re Amendments to the Florida Probate Rules (1992)
“1992 Revision: Addition of language in subdivision (b) to implement 1992 amendment to section 731.110(2), Florida Statutes. Editorial changes.”
— 731.110(3) — 4 cases
Rocca v. BOYANSKY (2012)
“Section 731.110(3), Florida Statutes (2009), provides: When a caveat has been filed by an interested person other than a creditor, the court shall not admit a will of the decedent to probate or appoint a personal representative until the petition for administration has been…”
WILLIAM CRESCENZO v. IRENE SIMPSON, AS PERSONAL REPRESENTATIVE OF THE HERMINIA M. QUINONES ESTATE (2018)
Crescenzo v. Simpson (2018)
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