The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 731
PROBATE CODE: GENERAL PROVISIONS

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F.S. 731.110

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.

F.S. 731.110 on Google Scholar

F.S. 731.110 on Casetext

Amendments to 731.110

Arrestable Offenses / Crimes under Fla. Stat. 731.110

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 731.110.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CRESCENZO, v. SIMPSON, M., 239 So. 3d 213 (Fla. App. Ct. 2018)

. . . Section 731.110, Florida Statutes (2016), governs the filing of caveats in probate proceedings. . . . . § 731.110(1). . . . opportunity to participate in proceedings on the petition, as provided by the Florida Probate Rules. § 731.110 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 131 So. 3d 717 (Fla. 2013)

. . . The amendment to rule 5.260(f) conforms the rule to the change to section 731.110(3), Florida Statutes . . .

ROCCA, v. BOYANSKY,, 80 So. 3d 377 (Fla. Dist. Ct. App. 2012)

. . . This section must be read in conjunction with section 731.110(3) of the Florida Probate Code and Florida . . . Section 731.110(3), Florida Statutes (2009), provides: When a caveat has been filed by an interested . . . petitioner to serve formal notice of his or her petition upon caveators, as provided under section 731.110 . . . Section 731.110(3) of the Florida Statutes (2009), commands that a caveator “ha[ve] had the opportunity . . . In so doing, the trial court acted contrary to its obligation under section 731.110(3) of the Florida . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 67 So. 3d 1035 (Fla. 2011)

. . . a caveat contain certain personal information because the requirement had been deleted from section 731.110 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 51 So. 3d 1146 (Fla. 2010)

. . . (amending §§ 655.935, 731.110, 732.2125, 733.2123 Fla. Stat.; providing effective date). . . . (amending § 731.110, Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . notes. 1992 Revision: Addition of language in subdivision (b) to implement 1992 amendment to section 731.110 . . . Statutory References § 731.110, Fla. Stat. Caveat; proceedings. § 738.203(l-);-Tda. Stat. . . .

In ESTATE OF L. HARTMAN, M. O. v. L., 836 So. 2d 1038 (Fla. Dist. Ct. App. 2002)

. . . This section must be read in conjunction with rule 5.260 and section 731.110, Florida Statutes (2000) . . . If a caveat pursuant to rule 5.260 and section 731.110 has been filed, section 733.203, Florida Statutes . . .

In ESTATE OF H. CLIBBON, v., 735 So. 2d 487 (Fla. Dist. Ct. App. 1998)

. . . . § 731.110, Fla. Stat. (1995). . . .

BAPTIST HOSPITAL OF MIAMI, INC. v. C. CARTER, 658 So. 2d 560 (Fla. Dist. Ct. App. 1995)

. . . Baptist filed caveats with the clerk of the probate division of the circuit court in accord with section 731.110 . . . notwithstanding any other provision of the code” — obviously including the caveat provision, section 731.110 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . This requirement was added to rules 5.200 and 5.260 to conform to sections 733.202(2)(b) and 731.110( . . . notes. 1992 Revision: Addition of language in subdivision (b) to implement 1992 amendment to section 731.110 . . . Statutory References 1¾&⅞ 731.110, Fla.Stat. Caveat; proceedings. 1⅛⅛ 733.203(1), Fla.Stat. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . Statutory References F.S. 731.110 Caveat; proceedings. F.S. 733.203(1) Notice; when required. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . Statutory References F.S. 731.110 Caveat; proceedings. F.S. 733.203(1) Notice; when required. . . .

In ESTATE OF POSNER, POSNER DE MILDENBERG, v. GRANCOLOMBIANA CORPORACION FINANCIERA, S. A. De y De S. A. S. A. J., 492 So. 2d 1093 (Fla. Dist. Ct. App. 1986)

. . . The caveats filed by the respondents pursuant to section 731.110, Florida Statutes (1983), are ample . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . Statutory References F.S. 731.110 Caveat; proceedings. F.S. 733.203(1) Notice; when required. . . .

In HATCHER, MESSER, v. L. DODD, Jr., 439 So. 2d 977 (Fla. Dist. Ct. App. 1983)

. . . Appellees filed a caveat with the trial court in Miami pursuant to section 731.110, Florida Statutes . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . In implementing FPC 731.110 and 733.-203(1), the rule carries forward the pertinent portions of prior . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . Committee Note: In implementing FPC 731.110 and 733.-203(1), the rule carries forward the pertinent portions . . .