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Florida Statute 731.201 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

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:

Cases Citing Statute 731.201

Total Results: 20

Thomas Wilson v. in Re: Estate of Peter Loftin

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-18T00:00:00-07:00

Snippet: the administration of a decedent’s estate. § 731.201(23), Fla. Stat. (2022). We conclude, based on

In Re: Amendments to Florida Probate Rules

Court: Fla. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: Fla. Stat. Verification of documents. § 731.201(33), Fla. Stat. General definitions.

Mark Carmel v. Norman Fleisher

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-20T00:00:00-07:00

Snippet: of the particular proceeding involved.” See § 731.201(23), Fla. Stat. (2022). …beneficiary of the testamentary trust. Section 731.201(23), Florida Statutes (2022), defines an “interested…(Fla. 5th DCA 1988), the court applied section 731.201(23) to determine that a contingent beneficiary … meaning of those words as defined in section 731.201(21), Florida Statutes, and Fla. R. P. &…, was not an “interested person” under section 731.201(23) with standing to contest the discharge of the

Shannon D. Christie v. David G. Qualls, as the personal representative of the Estate of Ollie Mae Dean Qualls

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-12T00:00:00-07:00

Snippet: of, and matter involved in, any proceedings.” § 731.201(23), Fla. Stat. In a probate proceeding, a person…beneficiary is a “devisee in a testate estate.” § 731.201(2), Fla. Stat. Christie, however, is not identified

Benzo Elias Rudnikas v. Mercedes Gisela Gonzalez

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-27T00:00:00-07:00

Snippet: of, and matter involved in, any proceedings. § 731.201(23), Fla. Stat. In accord with this definition

MARY ANN JAMES DE HOLGUIN v. CAMILA HOLGUIN GODIN

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-26T00:53:00-07:00

Snippet: qualifies as an “interested person”); see also § 731.201(23), Fla. Stat. (“‘Interested person’ means any

IN RE: TRUST OF ADEAN E. WINES vs

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-03T00:00:00-08:00

Snippet: nor served a summons on anyone. Section 731.201(23), Florida Statutes (2022), defines “interested

J. SCOTT LANFORD, TRUSTEE OF THE KIRK FAMILY FOUNDATION vs ROBIN PHEMISTER, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY L. DILLARD AND AS TRUSTEE OF THE TESTAMENTARY TRUST OF MARY L. DILLARD

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-08T00:00:00-07:00

Snippet: after the estate’s obligations are satisfied. § 731.201(2), (35), Fla. Stat. (2016). 4 A …under § 4(b), Art. X of the State Constitution.” § 731.201(30). 7 1989

ELIZABETH ANN DUFF-ESFORMES, etc. v. BARRY E. MUKAMAL, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-23T23:53:00-08:00

Snippet: received complete distribution. . . . § 731.201(23), Fla. Stat. (2021) (emphasis added). …qualifies as an “interested person” under section 731.201(23) with standing to contest the petitioned increase…be regarded as a beneficiary of the estate. § 731.201(2), Fla. Stat. (2021) (emphasis added).

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Court: Fla. | Date Filed: 2021-11-04T00:53:00-07:00

Snippet: disabled adult. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301… Fla. Stat. Verification of documents. § 731.201(33), Fla. Stat. General definitions. § 732.401

DR. MARC BIVINS v. CHARLES W. DOUGLAS, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: persons” under section 731.201(23), Florida Statutes. Section 731.201(23), Florida Statutes, defines

WALTER ALEXANDRE HOUCK CRUZ v. RICHARD A. NEELY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

Snippet: Florida Statutes, Florida’s Probate Code. Section 731.201(23) of the Florida Statutes (2021) defines an

LIAN DE LA RIVA, as Curator of the ESTATE OF JAMES P. TODD, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ALFONSO CHAVEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-09T00:53:00-07:00

Snippet: to a personal representative of the estate].” § 731.201(8), Fla. Stat. (2014).

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 732.526… revised. Statutory References § 731.201(16), (40), Fla. Stat. General definitions. …committee notes. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301…committee notes. Statutory References § 731.201, Fla. Stat. General definitions. § 731.301

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: 709.2102(1), Fla. Stat. Definitions. § 731.201(23), Fla. Stat. General definitions. § 731.301

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

Snippet: 709.2102(1), Fla. Stat. Definitions. § 731.201(23), Fla. Stat. General definitions. § 731.301

JOAN JOHNSON v. LEE TOWNSEND

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:53:00-07:00

Snippet: ” as that term is defined in section 731.201(4). Section 731.201(4) defines a “claim” as a liability…community property. Second, the wife cited section 731.201(4), Florida Statutes (2015), which defines a “claim… and therefore was not a “claim” under section 731.201(4). Third, the wife argued that if her petition…s petition is not only a “claim” under section 731.201(4) but also a cause of action, the wife’s failure…property interest was a “claim” as defined in section 731.201(4), the wife had three months after the time she

Choice Plus, LLC v. Department of Financial Services, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-17T00:53:00-07:00

Snippet: any estate or beneficiary, as defined in s. 731.201, of an estate seeking to obtain property paid

In Re: Amendments to the Florida Evidence Code - 2017 Out-of-Cycle Report

Court: Fla. | Date Filed: 2018-01-24T23:53:00-08:00

Snippet: representative or a trustee as defined in ss. 731.201 and 736.0103, an administrator ad litem as described

Wolf v. Doll

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-15T00:00:00-08:00

Citation: 229 So. 3d 1280

Snippet: rule 5.040(a) of the Florida Probate Rules.” § 731.201(18), Fla. Stat. (2013). Rule 5.040(a) provides