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Florida Statute 731.201 | Lawyer Caselaw & Research
F.S. 731.201 Case Law from Google Scholar
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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLII
ESTATES AND TRUSTS
Chapter 731
PROBATE CODE: GENERAL PROVISIONS
View Entire Chapter
F.S. 731.201
731.201 General definitions.—Subject to additional definitions in subsequent chapters that are applicable to specific chapters or parts, and unless the context otherwise requires, in this code, in s. 409.9101, and in chapters 736, 738, 739, and 744, the term:
(1) “Authenticated,” when referring to copies of documents or judicial proceedings required to be filed with the court under this code, means a certified copy or a copy authenticated according to the Federal Rules of Civil Procedure.
(2) “Beneficiary” means heir at law in an intestate estate and devisee in a testate estate. The term “beneficiary” does not apply to an heir at law or a devisee after that person’s interest in the estate has been satisfied. In the case of a devise to an existing trust or trustee, or to a trust or trustee described by will, the trustee is a beneficiary of the estate. Except as otherwise provided in this subsection, the beneficiary of the trust is not a beneficiary of the estate of which that trust or the trustee of that trust is a beneficiary. However, if each trustee is also a personal representative of the estate, each qualified beneficiary of the trust as defined in s. 736.0103 shall be regarded as a beneficiary of the estate.
(3) “Child” includes a person entitled to take as a child under this code by intestate succession from the parent whose relationship is involved, and excludes any person who is only a stepchild, a foster child, a grandchild, or a more remote descendant.
(4) “Claim” means a liability of the decedent, whether arising in contract, tort, or otherwise, and funeral expense. The term does not include an expense of administration or estate, inheritance, succession, or other death taxes.
(5) “Clerk” means the clerk or deputy clerk of the court.
(6) “Collateral heir” means an heir who is related to the decedent through a common ancestor but who is not an ancestor or descendant of the decedent.
(7) “Court” means the circuit court.
(8) “Curator” means a person appointed by the court to take charge of the estate of a decedent until letters are issued.
(9) “Descendant” means a person in any generational level down the applicable individual’s descending line and includes children, grandchildren, and more remote descendants. The term “descendant” is synonymous with the terms “lineal descendant” and “issue” but excludes collateral heirs.
(10) “Devise,” when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will or trust. The term includes “gift,” “give,” “bequeath,” “bequest,” and “legacy.” A devise is subject to charges for debts, expenses, and taxes as provided in this code, the will, or the trust.
(11) “Devisee” means a person designated in a will or trust to receive a devise. Except as otherwise provided in this subsection, in the case of a devise to an existing trust or trustee, or to a trust or trustee of a trust described by will, the trust or trustee, rather than the beneficiaries of the trust, is the devisee. However, if each trustee is also a personal representative of the estate, each qualified beneficiary of the trust as defined in s. 736.0103 shall be regarded as a devisee.
(12) “Distributee” means a person who has received estate property from a personal representative or other fiduciary other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increments to them remaining in the trustee’s hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee. For purposes of this provision, “testamentary trustee” includes a trustee to whom assets are transferred by will, to the extent of the devised assets.
(13) “Domicile” means a person’s usual place of dwelling and shall be synonymous with residence.
(14) “Estate” means the property of a decedent that is the subject of administration.
(15) “Exempt property” means the property of a decedent’s estate which is described in s. 732.402.
(16) “File” means to file with the court or clerk.
(17) “Foreign personal representative” means a personal representative of another state or a foreign country.
(18) “Formal notice” means a form of notice that is described in and served by a method of service provided under rule 5.040(a) of the Florida Probate Rules.
(19) “Grantor” means one who creates or adds to a trust and includes “settlor” or “trustor” and a testator who creates or adds to a trust.
(20) “Heirs” or “heirs at law” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(21) “Incapacitated” means a judicial determination that a person lacks the capacity to manage at least some of the person’s property or to meet at least some of the person’s essential health and safety requirements. A minor shall be treated as being incapacitated.
(22) “Informal notice” or “notice” means a method of service for pleadings or papers as provided under rule 5.040(b) of the Florida Probate Rules.
(23) “Interested person” means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. In any proceeding affecting the estate or the rights of a beneficiary in the estate, the personal representative of the estate shall be deemed to be an interested person. In any proceeding affecting the expenses of the administration and obligations of a decedent’s estate, or any claims described in s. 733.702(1), the trustee of a trust described in s. 733.707(3) is an interested person in the administration of the grantor’s estate. The term does not include a beneficiary who has received complete distribution. The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings.
(24) “Letters” means authority granted by the court to the personal representative to act on behalf of the estate of the decedent and refers to what has been known as letters testamentary and letters of administration. All letters shall be designated “letters of administration.”
(25) “Minor” means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise.
(26) “Other state” means any state of the United States other than Florida and includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(27) “Parent” excludes any person who is only a stepparent, foster parent, or grandparent.
(28) “Personal representative” means the fiduciary appointed by the court to administer the estate and refers to what has been known as an administrator, administrator cum testamento annexo, administrator de bonis non, ancillary administrator, ancillary executor, or executor.
(29) “Petition” means a written request to the court for an order.
(30) “Power of appointment” means an authority, other than as an incident of the beneficial ownership of property, to designate recipients of beneficial interests in property.
(31) “Probate of will” means all steps necessary to establish the validity of a will and to admit a will to probate.
(32) “Property” means both real and personal property or any interest in it and anything that may be the subject of ownership, including causes of action of the estate and causes of action the decedent had at the time of death.
(33) “Protected homestead” means the property described in s. 4(a)(1), Art. X of the State Constitution on which at the death of the owner the exemption inures to the owner’s surviving spouse or heirs under s. 4(b), Art. X of the State Constitution. For purposes of the code, real property owned in tenancy by the entireties or in joint tenancy with rights of survivorship is not protected homestead.
(34) “Residence” means a person’s place of dwelling.
(35) “Residuary devise” means a devise of the assets of the estate which remain after the provision for any devise which is to be satisfied by reference to a specific property or type of property, fund, sum, or statutory amount. If the will contains no devise which is to be satisfied by reference to a specific property or type of property, fund, sum, or statutory amount, “residuary devise” or “residue” means a devise of all assets remaining after satisfying the obligations of the estate.
(36) “Security” means a security as defined in s. 517.021.
(37) “Security interest” means a security interest as defined in s. 671.201.
(38) “Trust” means an express trust, private or charitable, with additions to it, wherever and however created. It also includes a trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust. “Trust” excludes other constructive trusts, and it excludes resulting trusts; conservatorships; custodial arrangements pursuant to the Florida Uniform Transfers to Minors Act; business trusts providing for certificates to be issued to beneficiaries; common trust funds; land trusts under s. 689.071, except to the extent provided in s. 689.071(7); trusts created by the form of the account or by the deposit agreement at a financial institution; voting trusts; security arrangements; liquidation trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another.
(39) “Trustee” includes an original, additional, surviving, or successor trustee, whether or not appointed or confirmed by court.
(40) “Will” means a testamentary instrument, including a codicil, executed by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or guardian or revokes or revises another will. The term includes an electronic will as defined in s. 732.521.
History.—s. 1, ch. 74-106; s. 4, ch. 75-220; s. 1, ch. 77-174; s. 2, ch. 85-79; s. 66, ch. 87-226; s. 1, ch. 88-340; s. 7, ch. 93-257; s. 6, ch. 95-401; s. 949, ch. 97-102; s. 52, ch. 98-421; s. 11, ch. 2001-226; s. 106, ch. 2002-1; s. 2, ch. 2003-154; s. 2, ch. 2005-108; s. 29, ch. 2006-217; s. 3, ch. 2007-74; s. 8, ch. 2007-153; s. 1, ch. 2009-115; s. 4, ch. 2010-132; s. 1, ch. 2012-109; s. 16, ch. 2013-172; s. 30, ch. 2019-71; s. 2, ch. 2020-67.
Note.—Created from former s. 731.03.

F.S. 731.201 on Google Scholar

F.S. 731.201 on Casetext

Amendments to 731.201


Arrestable Offenses / Crimes under Fla. Stat. 731.201
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 731.201.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Holguin v. Godin

    No. 3D21-898 (Fla. Dist. Ct. App. Apr. 26, 2023)
    As to the dismissal order, we reverse and remand. It appears that, based on the record before us, no evidence supports a determination that the Key Biscayne Casa del Mar property at issue, which is subject to multiple layers of corporate ownership, would be considered an estate asset. See Wilson v. Wilson, 211 So.3d 313, 314 (Fla. 3d DCA 2017) ("Because no basis was alleged and no evidence adduced to support disregarding the corporate identity of these entities, we reverse and remand for adjudication of the claims raised by the pleadings below."). Further, Mary Ann has alleged that she may benefit via intestate succession if the will were invalidated. See Herrilka v. Yates, 13 So.3d 122, 124 (Fla. 4th DCA 2009) (explaining that an heir at law, including a surviving spouse, qualifies as an "interested person"); see also § 731.201(23), Fla. Stat. ("'Interested person' means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved."). The trial court therefore erred in dismissing Mary Ann's objection and counter-petition with prejudice.
    PAGE 3

  2. In re Wines

    No. 5D22-1919 (Fla. Dist. Ct. App. Feb. 3, 2023)
    Section 731.201( 23), Florida Statutes (2022), defines "interested person" as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." In its order denying Appellant's motion to set aside the order of appointment, the trial court explicitly recognized that Appellant was indeed an interested party. Appellee has never contested Appellant's status as an interested party. "Generally, the only indispensable parties to a trust action . . . are the trustee, the settlor, and the beneficiaries." Demircan v. Mikhaylov, 306 So.3d 142, 146 (Fla. 3d DCA 2020) (citing Sylvester v. Sylvester, 557 So.2d 599, 600 (Fla. 4th DCA 1990) (noting trustee and contingent remainder beneficiaries can be indispensable parties to trust litigation)). Moreover, given that Appellee is now attempting to have the Second Amendment declared invalid, which could oust Appellant as a beneficiary, Appellant's status as an indispensable party is even clearer. See Crescenze v. Bothe, 4 So.3d 31, 32 (Fla. 2d DCA 2009) ("Florida has long followed the rule that the beneficiaries of a trust are indispensable parties to a suit having the termination of the…

  3. Freeman v. Berrin

    No. 2D21-1885 (Fla. Dist. Ct. App. Dec. 2, 2022)
    But for exceptions not applicable here, section 689.071(12) provides that the Florida Trust Code does not apply to land trusts. See § 689.071(7), (12)(b)2. Even before the legislature added subsection (12), the statute indicated that the Florida Trust Code, generally, did not apply to land trusts. § 736.0102, Fla. Stat. (2007-2020) (explaining that the Florida Trust Code does not generally apply to land trusts); § 731.201(33), Fla. Stat. (1997) (excluding land trusts under section 689.05 from the definition of "trust" in chapter 737 "unless the context requires otherwise"); § 731.201(32), Fla. Stat. (1984) (same).
    PAGE 7

  4. Steele v. Comm'r of Soc. Sec.

    51 F.4th 1059 (11th Cir. 2022)
    Under Florida law, "[a]ny part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs," Fla. Stat. § 732.101(1), which includes "the descendants of the decedent," id. § 732.103(1). Under Florida Statute § 731.201(9), a "descendant" is "synonymous with the terms ‘lineal descendant’ and ‘issue’ " and means "a person in any generational level down the applicable individual's descending line and includes children, grandchildren, and more remote descendants." Florida's probate code also contains a section titled, "Afterborn heirs." Fla. Stat. § 732.106. This section states that afterborn heirs are "[h]eirs of the decedent conceived before his or her death , but born thereafter," and "inherit intestate property as if they had been born in the decedent's lifetime." Id. (emphasis added). As the parties agree, section 732.106 does not apply to P.S.S. because he was conceived after Mr. Steele's death.
    PAGE 1063

  5. Araguel v. Bryan

    344 So. 3d 604 (Fla. Dist. Ct. App. 2022)
    Guardians are appointed by the court and required to incur expenses on behalf of the ward or estate. Administrative expenses are not "claims" made by creditors, as section 744.1025, Florida Statutes, provides that the definitions contained in the Florida Probate Code are applicable to Florida Guardianship Law. The Probate Code specifically excludes administrative expenses from the definition of a "claim." Section 731.201(4) defines a "claim" as "a liability of the decedent, whether arising in contract, tort, or otherwise, and funeral expense." The statute specifies that "[t]he term does not include an expense of administration or estate, inheritance, succession, or other death taxes." Id. Accordingly, a guardian cannot be considered a "creditor" of the ward.
    PAGE 606

  6. Beverly Massey Mount v. Pulte Home Co.

    6:20-cv-2314-RBD-LRH (M.D. Fla. Aug. 17, 2022)
    Here, the proposed class is adequately defined. Membership is based on a legal term-next of kin-determinable by reference to objective statutory definitions. See Fla. Stat. §§ 744.102, 731.201. So the class is ascertainable.
    PAGE 6

  7. Lanford v. Phemister

    338 So. 3d 1049 (Fla. Dist. Ct. App. 2022)   1 Legal Analyses
    " ‘Protected homestead’ means the property described in § 4(a)(1), Art. X of the State Constitution on which at the death of the owner the exemption inures to the owner's surviving spouse or heirs under § 4(b), Art. X of the State Constitution." § 731.201(30).
    PAGE 1053

  8. Duff-Esformes v. Mukamal

    332 So. 3d 17 (Fla. Dist. Ct. App. 2021)
    § 731.201(2), Fla. Stat. (2021) (emphasis added).
    PAGE 20

  9. In re Amendments To Fla. Prob. Rules-2021 Fast-Track Report

    334 So. 3d 562 (Fla. 2021)
    § 731.201(23), Fla. Stat. General definitions.
    PAGE 565

  10. De Fernandez v. Seaboard Marine, Ltd

    20-cv-25176-BLOOM/Otazo-Reyes (S.D. Fla. Oct. 21, 2021)
    In concluding that the Estates did not have an actionable claim to the Confiscated Property, the Court relied on Depriest, 213 So.3d at 1025-26, which was decided well after the definition of “estate” was codified in § 731.201(14), and relied on Sharps' twinkling eye analogy. In Depriest, an injured motorist brought an action against a decedent's estate, alleging that the estate was vicariously liable for damages caused by the decedent's daughter while driving the decedent's car. Id. at 1024. Before the trial court and on appeal, the parties disputed whether the estate owned the decedent's car after he died. Id. at 1025. While the Depriest Court ultimately agreed with the trial court's disposition of the case, they did “not agree that the estate had no legal ownership in Decedent's car.” Id. at 1025. The court explained as follows:
    PAGE 7

    Cases from cite.case.law:

    JOHNSON, v. TOWNSEND,, 259 So. 3d 851 (Fla. App. Ct. 2018)

    . . . Second, the wife cited section 731.201(4), Florida Statutes (2015), which defines a "claim" as a liability . . . property interest was not a liability of the decedent, and therefore was not a "claim" under section 731.201 . . . Section 731.201(4) defines a "claim" as a liability of the decedent , whether arising in contract, tort . . . Third, to the extent the wife's petition is not only a "claim" under section 731.201(4) but also a cause . . . Because the wife's community property interest was a "claim" as defined in section 731.201(4), the wife . . .

    CHOICE PLUS, LLC, v. DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF UNCLAIMED PROPERTY, 244 So. 3d 343 (Fla. App. Ct. 2018)

    . . . Consistent with this legislative intent, any estate or beneficiary, as defined in s. 731.201, of an estate . . .

    IN RE AMENDMENTS TO FLORIDA EVIDENCE CODE- OUT- OF- CYCLE REPORT, 234 So. 3d 565 (Fla. 2018)

    . . . client acts as a fiduciary when serving as a personal representative or a trustee as defined in ss. 731.201 . . .

    WOLF, v. Jo DOLL, T., 229 So. 3d 1280 (Fla. Dist. Ct. App. 2017)

    . . . .” § 731.201(18), Fla. Stat. (2013). . . .

    M. HERNANDEZ, Sr. v. G. HERNANDEZ,, 230 So. 3d 119 (Fla. Dist. Ct. App. 2017)

    . . . s fees orders, finding that Antonio was not an “interested person” within the definition of section 731.201 . . . Id. at 507 (citing § 731.201(21), Fla. Stat. (2006)). . . . may reasonably be expected to be affected by the outcome of the particular proceeding involved.” § 731.201 . . . located in Hialeah, Florida. , The definition of “interested party" has since been renumbered to section 731.201 . . . Hernandez was an “interested person” within the meaning of section 731.201(23), Florida Statutes (2016 . . .

    M. DELBROUCK, v. EBERLING G., 226 So. 3d 929 (Fla. Dist. Ct. App. 2017)

    . . . .” § 731.201(23), Fla. Stat. (2014). . . .

    WINSLOW, v. N. DECK, S., 225 So. 3d 276 (Fla. Dist. Ct. App. 2017)

    . . . .” § 731.201(23), Fla. Stat. (2013). . . .

    IN RE GUARDIANSHIP OF BLOOM, v. B. M. u a d, 227 So. 3d 165 (Fla. Dist. Ct. App. 2017)

    . . . See § 731.201(23), Fla. Stat. (2014); Wheeler v. . . .

    M. DEPRIEST v. GREESON, W., 213 So. 3d 1022 (Fla. Dist. Ct. App. 2017)

    . . . to the estate for proper administration under the terms of the will and governing law); see also § 731.201 . . .

    IN RE ESTATE OF ARROYO, Jr. a a v. INFINITY INDEMNITY INSURANCE COMPANY, a, 211 So. 3d 240 (Fla. Dist. Ct. App. 2017)

    . . . . § 731.201(23), Fla. Stat. (2013). . . . Under section 731.201(23), quoted in pertinent part in section I of this dissent, Infinity Indemnity . . .

    IN RE COLE,, 559 B.R. 919 (Bankr. M.D. Fla. 2016)

    . . . Id. at ¶¶ 10-12 (citing § 731.201(10), Fla. Stat.). . . . .

    BIVINS, v. ROGERS, Jr., 207 F. Supp. 3d 1321 (S.D. Fla. 2016)

    . . . client acts as a fiduciary when serving as a personal representative or a trustee as defined in ss. 731.201 . . .

    In AMENDMENTS TO FLORIDA PROBATE RULES, 199 So. 3d 835 (Fla. 2016)

    . . . . § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. . . .

    ST. PETER, v. OSORIO- KHOR,, 198 So. 3d 941 (Fla. Dist. Ct. App. 2016)

    . . . Section 731.201(23), Florida Statutes (2014), defines an “interested person” as “any person who may reasonably . . .

    J. RICHARD C. v. J. RICHARD,, 193 So. 3d 964 (Fla. Dist. Ct. App. 2016)

    . . . .” § 731.201, Fla. . . .

    GORDIN v. ESTATE OF MAISEL, a k a W. W., 179 So. 3d 518 (Fla. Dist. Ct. App. 2015)

    . . . Section 731.201, Florida Statutes (2014), defines a “curator”'as “a person appointed by the court to . . . take charge of the estate of a decedent until letters are' issued.” § 731.201(8), Fla. . . . decedent and refers to what has been known as letters testamentary and letters of administration.” § 731.201 . . .

    ZELMAN, v. ZELMAN,, 175 So. 3d 871 (Fla. Dist. Ct. App. 2015)

    . . . expected to be affected by the outcome of the proceeding,” the Florida Probate Code, through section 731.201 . . .

    BLECHMAN v. ESTATE OF BLECHMAN,, 160 So. 3d 152 (Fla. Dist. Ct. App. 2015)

    . . . .” § 731.201(14), Fla. Stat. (2011). . . . . § 731.201(32), Fla. Stat. (2011). . . .

    RUDOLPH, v. ROSECAN,, 154 So. 3d 381 (Fla. Dist. Ct. App. 2014)

    . . . .” § 731.201(23), Fla. Stat. (2013). But, its application varies with the facts of the case. . . .

    Dr. G. STONE, v. STONE, 157 So. 3d 295 (Fla. Dist. Ct. App. 2014)

    . . . .” § 731.201(10),- Fla. Stat. (2011). . . . to one or more persons during the owner’s lifetime, the transfer is not a devise for purposes of s. 731.201 . . .

    In BROWN, Co. MG LLC,, 521 B.R. 205 (Bankr. S.D. Tex. 2014)

    . . . . § 731.201(14), 732.403. . . .

    A. WILSON, Jr. v. M. WILSON,, 138 So. 3d 1176 (Fla. Dist. Ct. App. 2014)

    . . . appeals a probate order determining that the son’s ashes were not “property” as defined by section 731.201 . . . He argues that the ashes fit within the plain meaning of “property” as defined by section 731.201(32) . . . real and personal property or any interest in it and anything that may be the subject of ownership.” § 731.201 . . .

    B. BOOKMAN, E. v. DAVIDSON,, 136 So. 3d 1276 (Fla. Dist. Ct. App. 2014)

    . . . .” § 731.201, Fla. Stat. . . .

    In AMENDMENTS TO FLORIDA PROBATE RULES, 123 So. 3d 31 (Fla. 2013)

    . . . Statutory References § 731.201(23), Fla. Stat. General definitions. § 731,301, Fla. Stat. . . .

    STAUM, LLC, v. RUBANO a k a, 120 So. 3d 109 (Fla. Dist. Ct. App. 2013)

    . . . Florida Statutes (2011); and (2) the nursing home was not an “interested person” pursuant to section 731.201 . . . estate and the Bro-ward County ancillary estate, it was an “interested person” as defined in section 731.201 . . . As such, [the nursing home] is not an interested person pursuant to 731.201(23). . . . to section 733.710(1); and (2) the nursing home was not an “interested person” pursuant to section 731.201 . . .

    GORDON, v. KLEINMAN, H. M., 120 So. 3d 120 (Fla. Dist. Ct. App. 2013)

    . . . In section 731.201(23), Florida Statutes (2009), “interested person” is defined as “any person who may . . .

    GRANT, v. BESSEMER TRUST COMPANY OF FLORIDA, INC. GRANT,, 117 So. 3d 830 (Fla. Dist. Ct. App. 2013)

    . . . (IA) Employment is not a real/personal property interest as that term is defined in section 731.201, . . .

    M. JUEGA, v. S. DAVIDSON, S., 105 So. 3d 575 (Fla. Dist. Ct. App. 2012)

    . . . .” § 731.201(17), Fla. Stat. . . . .” § 731.201(28), Fla. Stat. . . . .” § 731.201(7), Florida Statutes. . . .

    A. BOVINO, v., 101 So. 3d 937 (Fla. Dist. Ct. App. 2012)

    . . . the issue of whether Bovino was an “interested person” under Florida Probate Rule 5.685(b), section 731.201 . . .

    In GUARDIANSHIP OF TROST. s v., 100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

    . . . .” § 731.201(23), Fla. Stat. (2009). . . . Hayes, 952 So.2d at 507 (citing § 731.201(21), Fla. Stat. (2006)). . . .

    CITY OF BOYNTON BEACH, v. JANOTS, P., 101 So. 3d 864 (Fla. Dist. Ct. App. 2012)

    . . . .” § 731.201(29), Fla. Stat. (2011). . . .

    GLENN, v. ROBERTS,, 95 So. 3d 271 (Fla. Dist. Ct. App. 2012)

    . . . See §§ 731.201(36), 732.502, Fla. Stat. (2002). . . .

    SMITH Co- P. v. DePARRY, P. III,, 86 So. 3d 1228 (Fla. Dist. Ct. App. 2012)

    . . . See § 731.201(40), Fla. Stat. (2010); see also Fla. Prob. . . . personal representative of an estate is specifically deemed to be an “interested person” under section 731.201 . . . the estate, the personal representative of the estate shall be deemed to be an interested person. § 731.201 . . . There is a significant distinction between the concept of an “interested person” under section 731.201 . . .

    ROSENKRANTZ, v. E. FEIT,, 81 So. 3d 526 (Fla. Dist. Ct. App. 2012)

    . . . exercise of the power is improper, the attorney in fact is liable to interested persons as described in s. 731.201 . . .

    AGEE v. L. BROWN, G. G., 73 So. 3d 882 (Fla. Dist. Ct. App. 2011)

    . . . .” § 731.201(23), Fla. Stat. (2009). . . . Pursuant to section 731.201(23), “[i]n any proceeding affecting the estate or the rights of a beneficiary . . .

    In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

    . . . Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . .

    C. NAFTEL, II, v. PAPPAS, As T., 68 So. 3d 368 (Fla. Dist. Ct. App. 2011)

    . . . See § 731.201(24), Fla. Stat. (2010). Cf. Fla. R. App. P. 9.110(a)(2). . . .

    LONG, v. WILLIS,, 100 So. 3d 4 (Fla. Dist. Ct. App. 2011)

    . . . .” § 731.201(7), Fla. Stat. (2009). . . .

    B. ELGIN v. U. S. DEPARTMENT OF TREASURY U. S., 641 F.3d 6 (1st Cir. 2011)

    . . . . § 731.201, which includes “[a]ny statutory or regulatory bar which prevents the lawful employment of . . .

    LAURITSEN, v. WALLACE,, 67 So. 3d 285 (Fla. Dist. Ct. App. 2011)

    . . . Section 731.201(10), Florida Statutes (2007), provides that “[a] devise is subject to charges for debts . . . The term includes ‘gift,’ 'give,' ‘bequeath,’ ‘bequest,’ and ‘legacy.’ ” § 731.201(10), Fla. . . .

    In ROGOVE, s, 443 B.R. 182 (Bankr. S.D. Fla. 2010)

    . . . . § 731.201(10); see Mosgrove v. Mach, 133 Fla. 459, 182 So. 786, 791 (1938). . . .

    In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

    . . . . § 731.201, Fla. Stat. General definitions. § 733.202, Fla. Stat. Petition. § 733.604(1), Fla. . . . Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 733.604, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Verification of documents. § 731.201(3433), Fla. Stat. General definitions. § 732.401, Fla. Stat. . . .

    In A. CIANO,, 433 B.R. 431 (Bankr. N.D. Fla. 2010)

    . . . .” § 731.201(10), Fla. Stat. (2010). . . .

    G. TIMMONS, Jr. v. INGRAHM,, 36 So. 3d 861 (Fla. Dist. Ct. App. 2010)

    . . . . § 731.201(9), Fla. Stat. (2007). . . .

    BAILLARGEON, D v. SEWELL, 33 So. 3d 130 (Fla. Dist. Ct. App. 2010)

    . . . .” § 731.201(4). “[A] creditor is one who holds a ‘claim.’ ” Summit Pool Supplies, Inc. v. . . .

    KOUNTZE v. KOUNTZE, Jr., 20 So. 3d 428 (Fla. Dist. Ct. App. 2009)

    . . . .” § 731.201(23). . . . The appellants contend they are not interested persons within the meaning of section 731.201(23). . . . they would not “reasonably be expected to be affected by the outcome” of the estate proceedings. § 731.201 . . .

    A. HERRILKA, v. P. YATES,, 13 So. 3d 122 (Fla. Dist. Ct. App. 2009)

    . . . . § 731.201(23). . . . Id. § 731.201(23). . . .

    BRIGHAM, v. BRIGHAM, W. EFP No. No. No. No. No. No. No., 11 So. 3d 374 (Fla. Dist. Ct. App. 2009)

    . . . Appellees argue that pursuant to section 731.201(33), land trusts are excluded from the definition of . . . The definition of a “trust” under section 731.201(33), states it does not include a land trust created . . .

    In ESTATE OF SHEFNER, Jr. v. SHEFNER- HOLDEN, 2 So. 3d 1076 (Fla. Dist. Ct. App. 2009)

    . . . . §§ 731.201(18), 732.103(1), Fla. Stat. (2003); Snyder v. Davis, 699 So.2d 999, 1003 (Fla.1997). . . .

    W. KLINGENSMITH, v. FERD AND GLADYS ALPERT JEWISH FAMILY,, 997 So. 2d 436 (Fla. Dist. Ct. App. 2008)

    . . . . § 731.201(23), Fla. Stat. (2007). . . .

    M. BALBONI W. v. LaROCQUE, 991 So. 2d 993 (Fla. Dist. Ct. App. 2008)

    . . . the time of Bill’s death, he had four lineal descendants who were heirs at law pursuant to section 731.201 . . .

    T. CUTLER, v. CUTLER, In, 994 So. 2d 341 (Fla. Dist. Ct. App. 2008)

    . . . See § 731.201(8), Fla. . . . Cavanaugh, 542 So.2d 1345, 1352 (Fla. 1st DCA 1989); see also § 731.201(29), Fla. . . .

    In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

    . . . R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla. . . . Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. . . . Verification of documents. § 731.201, Fla. Stat. General definitions. § 733.202, Fla. Stat. . . . In rem proceeding. § 731.201(18), (22), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. . . .

    HALL, v. TUNGETT, Of E., 980 So. 2d 1289 (Fla. Dist. Ct. App. 2008)

    . . . Section 731.201(21) of the probate code defines an “interested person” as “any person who may reasonably . . . property from a personal representative or other fiduciary other than as a creditor or purchaser.” § 731.201 . . .

    B. WHEELER, v. POWERS,, 972 So. 2d 285 (Fla. Dist. Ct. App. 2008)

    . . . . § 731.201(21), Fla. Stat. (2003). . . . See § 731.201(21). . . . Wbeeler is an “interested person” within the meaning of section 731.201(21). . . . Wheeler was an “interested person” within the meaning of section 731.201(21), we hold that the trial . . . Wheeler is an “interested person” pursuant to section 731.201(21) and the relevant case law because he . . .

    In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

    . . . R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla. . . . Definitions. § 731.201, Fla. Stat. General definitions. § 736.0103, Fla. Stat. . . . Constructive service of process. § 731.201(2), (21X23), Fla. Stat. . . . Statutory References § 731.201(-1Q)-, — (⅛1-)(12), (23), Fla. Stat. . . . Statutory References § 731.201(10), (21)(12), (23), Fla. Stat. . . .

    In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

    . . . . § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Adoption. § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. . . . Replaces “homestead” with “protected homestead” in (a)(2) to conform to addition of term in section 731.201 . . .

    BANKS v. ORLANDO REGIONAL HEALTHCARE,, 955 So. 2d 604 (Fla. Dist. Ct. App. 2007)

    . . . We reject this argument because ORHS was not an “interested person” as defined by section 731.201(21) . . . must be determined according to the particular purpose of, and matter involved in, any proceedings.” § 731.201 . . .

    HUSKINS, v. UNITED STATES,, 75 Fed. Cl. 659 (Fed. Cl. 2007)

    . . . . § 731.201(25) (2006). . . . .

    In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

    . . . . § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 733.106, Fla. Stat. . . . Statutory References § 731.201(10), (21), Fla. Stat. General definitions. § 731.302, Fla. Stat. . . .

    R. GLOVER, v. MILLER,, 947 So. 2d 1254 (Fla. Dist. Ct. App. 2007)

    . . . .” § 731.201(18), Fla. Stat. (2006). . . .

    F. HAYES, Jr. v. GUARDIANSHIP OF E. THOMPSON,, 952 So. 2d 498 (Fla. 2006)

    . . . . § 731.201(21), Fla. Stat. (2006). . . . any person “who may reasonably be expected to be affected by the outcome of the proceeding,” section 731.201 . . . is a “person who may reasonably be expected to be affected by the outcome of the ... proceeding.” § 731.201 . . .

    CARVEL, v. GODLEY, Co- Co- G., 939 So. 2d 204 (Fla. Dist. Ct. App. 2006)

    . . . Further, section 731.201(21), Florida Statutes, defines an interested person, for the purposes of wills . . .

    BUSH Jo v. WEBB, In Re Jo, 939 So. 2d 215 (Fla. Dist. Ct. App. 2006)

    . . . .” § 731.201(4), Fla. Stat. (2001) (emphasis added). . . .

    BENEDETTO, v. COLUMBIA PARK HEALTHCARE SYSTEMS,, 922 So. 2d 416 (Fla. Dist. Ct. App. 2006)

    . . . See also § 731.201(21), Fla. Stat. (2005) (defining “interested person”). . . .

    FLEMING, v. DEMPS,, 918 So. 2d 982 (Fla. Dist. Ct. App. 2005)

    . . . Section 731.201(21), Florida Statutes (2003), provides that an “ ‘[interested person’ means any person . . .

    HARRELL, v. SNYDER, S., 913 So. 2d 749 (Fla. Dist. Ct. App. 2005)

    . . . determination that the Baker Road property is protected homestead property of the decedent as per section 731.201 . . .

    In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

    . . . . § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201(1), Fla. Stat. General definitions. § 733.212, Fla. Stat. . . . Statutory References § 731.201(4), Fla. Stat. General definitions. § 733.705, Fla. Stat. . . .

    McKEAN, v. WARBURTON,, 919 So. 2d 341 (Fla. 2005)

    . . . Although section 731.201, Florida Statutes (2004), does not define homestead, it defines “protected homestead . . . on which at the death of the owner the exemption inures to the owner’s surviving spouse or heirs.” § 731.201 . . .

    M. WEHRHEIM, v. GOLDEN POND ASSISTED LIVING FACILITY,, 905 So. 2d 1002 (Fla. Dist. Ct. App. 2005)

    . . . .” § 731.201(21), Fla. Stat. (2003). . . .

    CASON, o b o SAFERIGHT, v. HAMMOCK,, 908 So. 2d 512 (Fla. Dist. Ct. App. 2005)

    . . . The definition of “interested person” is found in section 731.201(21), Florida Statutes (2003), which . . . in the estate to pay Sarah’s specific devise of five thousand dollars and, therefore, under section 731.201 . . . Section 731.201(21) specifically requires that the beneficiary receive complete distribution and “receive . . . The term "incompetent” is defined in section 731.201(19), Florida Statutes (2003), as it is today, as . . . See § 731.201(19), Fla. Stat. (2004). . . .

    In ESTATE OF MAHANEY, v. C., 903 So. 2d 234 (Fla. Dist. Ct. App. 2005)

    . . . and it maintains its homestead status if it is devised to someone designated as an heir in section 731.201 . . .

    STEADMAN, o b o STEADMAN, v. DEPARTMENT OF MANAGEMENT SERVICES,, 901 So. 2d 915 (Fla. Dist. Ct. App. 2005)

    . . . . § 731.201, Fla.Stat. . . .

    O. LUCAS, v. OFFICE OF PERSONNEL MANAGEMENT,, 125 F. App'x 305 (Fed. Cir. 2005)

    . . . . § 731.201 (2004). . . .

    BERGES, v. INFINITY INSURANCE COMPANY,, 896 So. 2d 665 (Fla. 2004)

    . . . representative is the individual having the power to enter into settlements of •wrongful death actions”); § 731.201 . . .

    LOPEZ, v. DEPARTMENT OF JUSTICE,, 113 F. App'x 395 (Fed. Cir. 2004)

    . . . . § 731.201 (2004). . . .

    In ESTATE OF HATTEN. v., 880 So. 2d 1271 (Fla. Dist. Ct. App. 2004)

    . . . who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” 731.201 . . .

    P. ARZUMAN, a k a P. v. ESTATE OF BIN, 879 So. 2d 675 (Fla. Dist. Ct. App. 2004)

    . . . The estate argues that claimant is not an “interested person” under section 731.201(21), Florida Statutes . . .

    L. BARLEY, v. L. BARCUS,, 877 So. 2d 42 (Fla. Dist. Ct. App. 2004)

    . . . .” § 731.201(21), Fla. Stat. (2002). . . .

    MONTEJO, v. MARTIN MEMORIAL MEDICAL CENTER, INC., 874 So. 2d 654 (Fla. Dist. Ct. App. 2004)

    . . . We conclude that the hospital is “affected by the outcome” of the proceeding, section 731.201(21), Florida . . .

    CUEVAS, v. R. KELLY, Sr., 873 So. 2d 367 (Fla. Dist. Ct. App. 2004)

    . . . ." § 731.201(11), Fla. Stat. (2001). . . .

    MAGNOLIA MANOR, INC. L. v. M. SIEGEL,, 866 So. 2d 142 (Fla. Dist. Ct. App. 2004)

    . . . right to file a petition for administration as he was not an “interested party”, as defined by section 731.201 . . .

    S. TRAEGER, v. CREDIT FIRST NATIONAL ASSOCIATION,, 864 So. 2d 1188 (Fla. Dist. Ct. App. 2004)

    . . . Section 731.201(18) defines “heirs” as “mean[ing] those persons, including the surviving spouse, who . . . are entitled under the statutes of intestate succession to the property of a decedent.” § 731.201(18) . . .

    AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 858 So. 2d 1013 (Fla. 2003)

    . . . See § 731.201(25), Fla. Stat. (2002). . . . See § 731.201(25), Fla. . . .

    F. RUIZ, v. DEPARTMENT OF HOMELAND SECURITY,, 77 F. App'x 519 (Fed. Cir. 2003)

    . . . . § 731.201 (2002). . . .

    S. DEAN, v. BENTLEY,, 848 So. 2d 487 (Fla. Dist. Ct. App. 2003)

    . . . Section 731.201(21), Florida Statutes, defines an “interested person” as one “who may reasonably be expected . . .

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

    . . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 732.502, Fla. Stat. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Constructive service of process. § 731.201(2), (21), Fla. Stat. . . .

    T. McFALLS, v. OFFICE OF PERSONNEL MANAGEMENT,, 49 F. App'x 312 (Fed. Cir. 2002)

    . . . . § 731.201 (2000). . . .

    AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

    . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 733.106, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 732.502, Fla. Stat. . . . Notice to creditors. § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Constructive service of process. § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 733.504, Fla. Stat. . . .

    RICHEY, v. HURST B., 798 So. 2d 841 (Fla. Dist. Ct. App. 2001)

    . . . P. 9.110(a)(2); § 731.201(21), Fla. Stat. (2000). Mae Campbell Hamor Cox (Mrs. . . .

    In ESTATE OF M. ELLIOTT, M. v., 798 So. 2d 13 (Fla. Dist. Ct. App. 2001)

    . . . Section 731.201(21), Florida Statutes (1999) (which is a part of the Florida Probate Code), states that . . .

    In GUARDIANSHIP SCHIAVO, v. v., 792 So. 2d 551 (Fla. Dist. Ct. App. 2001)

    . . . R. 5.025(b); § 731.201(21), Fla. Stat. (1997). . . .

    C. SMITH, v. OFFICE OF PERSONNEL MANAGEMENT,, 13 F. App'x 935 (Fed. Cir. 2001)

    . . . . § 731.201 (2000). . . . upheld OPM’s suitability determination because it promoted the efficiency of the service. 5 C .F.R. § 731.201 . . .

    E. BROWNING, v. BROWNING A., 784 So. 2d 1145 (Fla. Dist. Ct. App. 2001)

    . . . See § 731.201(4), Fla. Stat. (1997). . . .

    MOSS, M. v. ESTATE OF MOSS, O, 777 So. 2d 1110 (Fla. Dist. Ct. App. 2001)

    . . . BY A SPOUSE OR MINOR CHILD TO A LINEAL DESCENDANT WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201 . . .

    L. FOSTER, III, K. v. CIANCI,, 773 So. 2d 1181 (Fla. Dist. Ct. App. 2000)

    . . . .” § 731.201(4), Fla. Stat. (1999); see Gates Learjet Corp. v. . . . Moyer, 459 So.2d 1082, 1084 (Fla. 4th DCA 1984) (explaining that while section 731.201(4) defines claims . . .

    AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

    . . . R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla. . . . Definitions. § 731.201, Fla. Stat. General definitions. § 744.102, Fla. Stat. Definitions. . . . In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . .

    M. NEWMAN, III, v. NEWMAN, A. M., 766 So. 2d 1091 (Fla. Dist. Ct. App. 2000)

    . . . .” § 731.201(21), Fla. Stat. (1997). . . .

    CLARKE, v. G. SCHIMMEL, A., 774 So. 2d 7 (Fla. Dist. Ct. App. 2000)

    . . . Section 731.201(31) of the probate code refers to section 517.021 for the definition of security, and . . .

    In ESTATE OF S. DELUCA, M. a k a v. Co- S. Co- S. Co- S. Co- S. J., 748 So. 2d 1086 (Fla. Dist. Ct. App. 2000)

    . . . .” § 731.201(35), Fla. Stat. (emphasis supplied). . . .