Florida Statutes

Fla. Stat. § 733.104 (2025)

Suspension of statutes of limitation in favor of the personal representative.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

733.104 Suspension of statutes of limitation in favor of the personal representative.—

(1) If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action may be commenced by that person’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death.

(2) If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, if a claim is timely filed, the expiration of the time limited for commencement of the action shall not apply.

History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 1, ch. 77-174; s. 982, ch. 97-102; s. 80, ch. 2001-226.

Note.—Created from former s. 734.27.

Notes of Decisions

Cited in 10 cases, 1978–2008 · leading case: Haney v. Holmes, 364 So. 2d 81 (Fla. 2d DCA 1978).

Sort: Relevance Newest Treatment

Haney v. Holmes, 364 So. 2d 81 (Fla. 2d DCA 1978). · cites it 9× “Neither Section 733.104, Florida Statutes (1975), nor any other section of the Florida Probate Code contains clear language evincing such an intent.”

Briggs v. Est. of Geelhoed Ex Rel. Johnson, 543 So. 2d 332 (Fla. 4th DCA 1989). · cites it 2× “The pertinent provision of the probate code is section 733.104, Florida Statutes (1985), which provides: (1) If a person entitled to bring an action dies before the expiration of the time limited for commencement of the action and the cause of action survives, the action may be…”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative.”

Foster v. Cianci, 773 So. 2d 1181 (Fla. 2d DCA 2000). · cites it 2× “Furthermore, section 733.104(2), Florida Statutes (1999), provides: If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, claim shall be filed on the cause of action, and…”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.104 Suspension of statutes of limitation in favor of the personal representative.”

Mackle v. Mackle, 389 So. 2d 1081 (Fla. 3d DCA 1980). · cites it 3× “On the basis of Section 733.104(1), Florida Statutes (1979), the trial judge dismissed this action for fraud allegedly committed during his lifetime upon Elliott Mackle, the decedent of the plaintiff-personal representative, because the complaint was filed more than one year…”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 2× “§ 733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative.”

In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). · cites it 2× “§ 733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative.”

Est. of Cadden v. Schickedanz, 855 So. 2d 651 (2003). “Section 733.104(2), Florida Statutes (2000) states, “[i]f a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, claim shall be filed on the cause of action, and it shall then…”

Florida Bar, 531 So. 2d 1261 (Fla. 1988). “F.S. 733.104 Suspension of statutes of limitation in favor of the personal representative.”

— 733.104(1) — 2 cases

Haney v. Holmes, 364 So. 2d 81 (Fla. 2d DCA 1978). “Neither Section 733.104, Florida Statutes (1975), nor any other section of the Florida Probate Code contains clear language evincing such an intent.”

Mackle v. Mackle, 389 So. 2d 1081 (Fla. 3d DCA 1980). “On the basis of Section 733.104(1), Florida Statutes (1979), the trial judge dismissed this action for fraud allegedly committed during his lifetime upon Elliott Mackle, the decedent of the plaintiff-personal representative, because the complaint was filed more than one year…”

— 733.104(2) — 2 cases

Foster v. Cianci, 773 So. 2d 1181 (Fla. 2d DCA 2000). “Furthermore, section 733.104(2), Florida Statutes (1999), provides: If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, claim shall be filed on the cause of action, and…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.