Florida Statutes

Fla. Stat. § 731.301 (2025)

Notice.

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731.301 Notice.—

(1) If notice to an interested person of a petition or other proceeding is required, the notice shall be given to the interested person or that person’s attorney as provided in the code or the Florida Probate Rules.

(2) In a probate proceeding, formal notice to a person is sufficient notice for the court to exercise its in rem jurisdiction over the person’s interest in the estate property or in the decedent’s protected homestead. The court does not acquire personal jurisdiction over a person by service of formal notice.

(3) Persons given proper notice of a proceeding are bound by all orders entered in that proceeding.

History.—s. 1, ch. 74-106; s. 5, ch. 75-220; s. 3, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 93-257; s. 64, ch. 95-211; s. 950, ch. 97-102; s. 12, ch. 2001-226; s. 5, ch. 2010-132; s. 3, ch. 2020-67.

Note.—Created from former s. 732.28.

Notes of Decisions

Cited in 43 cases (3 in the last 5 years), 1980–2026 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 26× “Statutory References § 731.301, Fla. Stat. Notice, — method and time;-proof.”

Wolf Sanitary Wiping Cloth, Inc. v. Wolf, 526 So. 2d 702 (Fla. 3d DCA 1988). · cites it 11× “§ 731.301, Fla. Stat. (1985). [4] The nonavailability of a declaratory action, although not assigned as error on appeal, constitutes a fundamental error of which this court may take notice.”

The Sampson Farm Ltd. P'ship v. Parmenter, 238 So. 3d 387 (Fla. 3d DCA 2018). · cites it 4× “This Court further rejected the argument that the corporation was an “interested person” and thus subject to formal notice pursuant to section 731.301(1), Florida Statutes (1985).”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 14× “§ 731.301, Fla. Stat. Notice. § 733.212, Fla.”

Am. & Foreign Ins. Co. v. Dimson, 645 So. 2d 45 (Fla. 4th DCA 1994). · cites it 6× “We find that the personal representative of the estate properly served plaintiff with actual notice of administration as provided in section 731.301, Florida Statutes (1993), by sending notice by certified mail to plaintiff's corporate headquarters.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 5× “Statutory References F.S. 731.301 Notice; method and time; proof.”

Hall v. Tungett, 980 So. 2d 1289 (Fla. 2d DCA 2008). · cites it 5× “Hall was not an "interested person" or a "distributee" as defined by Florida law and that formal notice under section 731.301, Florida Statutes (2006), was not sufficient to give the court jurisdiction over Ms.”

Parker v. Est. of Bealer, 890 So. 2d 508 (Fla. 4th DCA 2005). · cites it 2× “We concluded that under section 731.301(1)(a), Florida Statutes (1995), notice to the attorney meant notice to an attorney who had entered an appearance of record in the estate.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 3× “§ 731.301, Fla. Stat. Notice; method and time; proof.”

Kountze v. Kountze, 20 So. 3d 428 (Fla. 2d DCA 2009). · cites it 3× “Here, the appellee, who was the plaintiff below, asserts that this court should affirm because he served appellants with formal notice of the Florida estate proceedings pursuant to section 731.301(2), Florida Statutes (2005-2009), and that the trial court therefore had personal…”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 12× “§ 731.301, Fla. Stat. Notice. § 733.106, Fla.”

Cuevas v. Kelly, 873 So. 2d 367 (Fla. 2d DCA 2004). · cites it 2× “See § 731.301(2), Fla. Stat. (2001). Furthermore, the Florida Probate Rules define formal notice as serving a copy of the pleading along with a notice requiring the person served to serve written defenses within twenty days.”

Show all 43 citing cases →

— 731.301(1) — 13 cases

The Sampson Farm Ltd. P'ship v. Parmenter, 238 So. 3d 387 (Fla. 3d DCA 2018). “This Court further rejected the argument that the corporation was an “interested person” and thus subject to formal notice pursuant to section 731.301(1), Florida Statutes (1985).”

Wolf Sanitary Wiping Cloth, Inc. v. Wolf, 526 So. 2d 702 (Fla. 3d DCA 1988). “§ 731.301, Fla. Stat. (1985). [4] The nonavailability of a declaratory action, although not assigned as error on appeal, constitutes a fundamental error of which this court may take notice.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “Statutory References § 731.301, Fla. Stat. Notice, — method and time;-proof.”

Payette v. Clark, 559 So. 2d 630 (Fla. 2d DCA 1990).

Amendments to Florida Prob. Rules, 683 So. 2d 78 (Fla. 1996).

— 731.301(1)(a) — 3 cases

Am. & Foreign Ins. Co. v. Dimson, 645 So. 2d 45 (Fla. 4th DCA 1994). “We find that the personal representative of the estate properly served plaintiff with actual notice of administration as provided in section 731.301, Florida Statutes (1993), by sending notice by certified mail to plaintiff's corporate headquarters.”

Parker v. Est. of Bealer, 890 So. 2d 508 (Fla. 4th DCA 2005). “We concluded that under section 731.301(1)(a), Florida Statutes (1995), notice to the attorney meant notice to an attorney who had entered an appearance of record in the estate.”

In Re Est. of Black, 528 So. 2d 1316 (Fla. 2d DCA 1988).

— 731.301(1)(b) — 2 cases

Nardi v. Nardi, 390 So. 2d 438 (Fla. 3d DCA 1980).

In re the Est. of Odza, 432 So. 2d 740 (Fla. 3d DCA 1983).

— 731.301(1)(d) — 1 case

— 731.301(2) — 4 cases

Kountze v. Kountze, 20 So. 3d 428 (Fla. 2d DCA 2009). “Here, the appellee, who was the plaintiff below, asserts that this court should affirm because he served appellants with formal notice of the Florida estate proceedings pursuant to section 731.301(2), Florida Statutes (2005-2009), and that the trial court therefore had personal…”

Cuevas v. Kelly, 873 So. 2d 367 (Fla. 2d DCA 2004). “See § 731.301(2), Fla. Stat. (2001). Furthermore, the Florida Probate Rules define formal notice as serving a copy of the pleading along with a notice requiring the person served to serve written defenses within twenty days.”

Hall v. Tungett, 980 So. 2d 1289 (Fla. 2d DCA 2008). “Hall was not an "interested person" or a "distributee" as defined by Florida law and that formal notice under section 731.301, Florida Statutes (2006), was not sufficient to give the court jurisdiction over Ms.”

Markowitz v. Merson, 869 So. 2d 728 (Fla. 4th DCA 2004).

— 731.301(2)(a) — 1 case

Grimes v. Est. of Stewart, 506 So. 2d 465 (Fla. 5th DCA 1987).

— 731.301(l)(a) — 2 cases

In re Est. of Tyler, 543 So. 2d 1307 (Fla. 4th DCA 1989).

Black v. Eaton, 528 So. 2d 1316 (Fla. 2d DCA 1988).

— 731.301(l)(b) — 3 cases

Feather v. Est. of Sanko, 390 So. 2d 746 (Fla. 5th DCA 1980).

Hunt v. Est. of Hunt, 475 So. 2d 1358 (Fla. 5th DCA 1985).

Tanner v. Est. of Tanner, 476 So. 2d 793 (Fla. 1st DCA 1985).

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