The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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As such, guided by the analysis in Tendler , we hold that section 733.212(3) does not bar Appellant's petition. Accordingly, the probate court erred in dismissing Appellant's petition as untimely under section 733.212(3). We reverse the order granting Appellees’ motion and dismissing Appellant's amended petition with prejudice, and remand for further proceedings.
Consistent with section 733.107, section 733.212(3), Florida Statutes (2018), provides that
2020 Revision: Subdivision (b)(6) was created to conform to an amendment to section 733.212, Florida Statutes, that requires the Notice of Administration include a notice of a potential waiver of rights by failing to contest the will.
§ 733.212, Fla. Stat. Notice of administration; filing of objections.
§ 733.212, Fla. Stat. Notice of administration; filing of objections.
According to the report, the conflict the Committees ask the Court to resolve arose as a result of the timing of (1) the Court amending the probate rule in response to section 8 of chapter 2011–183, Laws of Florida; and (2) the Court later declining to adopt section 1 of chapter 2011–183, which created section 90.5021 of the Evidence Code. In 2011, the Florida Legislature enacted chapter 2011–183, Laws of Florida, which became effective June 21, 2011. See ch. 2011–183, § 14, Laws of Fla. Section 1 of chapter 2011–183 created section 90.5021, Florida Statutes, which eliminated what the Committees refer to as the common law fiduciary exception to the attorney-client privilege, to the extent that exception existed in Florida. Section 8 of chapter 2011–183, Laws of Florida, amended section 733.212(2)(b), Florida Statutes (2010), to require that a notice of estate administration include a statement that "the fiduciary lawyer-client privilege in section 90.5021, Florida Statutes, applies with respect to the personal representative and any attorney employed by the personal representative."
The court ultimately entered a final order dismissing the counterpetition with prejudice, ruling that neither the emergency petition nor the counterpetition satisfied the statutory requirements of section 733.212(3) for failure to adequately request relief. This appeal followed.
In furtherance of that objective, the Florida Probate Code obligates the personal representative to provide notices to several categories of interested parties, such as creditors, obligors of the decedent, and prospective beneficiaries. This is accomplished through actual notice and via publication. See, e.g. , §§ 733.212, 733.2121, Fla. Stat. (2013). Interested persons who have not received notice via these provisions, but become aware of the estate proceedings, may request and obtain notice of further proceedings, and copies of pleadings, by filing a written request and serving a copy on the attorney for the personal representative. Fla. Prob. R. 5.060.
§ 733.212, Fla. Stat. Notice of administration; filing of objections.
2015 Revision: Subdivisions (b)(3) and (d) amended to conform to amendments to section 733.212, Florida Statutes, relating to the removal of the requirement to object to the qualifications of a personal representative within this statutory framework due to other statutory amendments. The 2011 Revision contains a scrivener's error and it should reference section 733.212, Florida Statutes, as opposed to section 732.212, Florida Statutes.
. . . Section 8 of chapter 2011-183, Laws of Florida, amended section 733.212(2)(b), Florida Statutes (2010 . . . In response to the amendment to section 733.212(2)(b), in 2011, the FPR Committee proposed a fast-track . . .
. . . prejudice for failure to file , a pleading satisfying the statutory requirements set forth in section 733.212 . . . neither the emergency petition nor the counterpetition satisfied the statutory requirements of section 733.212 . . . Pursuant to section 733.212(3), interested parties are barred from requesting the court to revoke the . . . of the notice of administration on the objecting person, or those objections are forever barred. § 733.212 . . . Further, by finding that appellant’s pleadings were insufficient under section 733.212(3), the court . . .
. . . See, e.g., §§ 733.212, 733.2121, Fla. Stat. (2013). . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. . . .
. . . (amending section 733.212, Florida Statutes, to delete the phrase “the qualifications of the personal . . . Unless sooner barred by section 733.212(3), Florida Statutes, any objections to the validity of a will . . . Unless sooner barred by section 733.212(3), Florida Statutes, all objections to the validity of a will . . . [No Change] 2015 Revision: Subdivisions (b)(3) and (d) amended to conform to amendments to section 733.212 . . . The 2011 Revision contains a scrivener’s error and it should reference section 733.212, Florida Statutes . . .
. . . Stat. (2012), defining “qualified beneficiary,” subsection (16); amending § 733.212(l)(c), Fla. . . .
. . . Venue of probate proceedings. bate. o & I© 2 o s o CO 3 F OO S’ CO CO § 733.212, Fla. Stat. . . .
. . . commenced by “[a]ny interested person, including a beneficiary under a prior will, unless barred under s. 733.212 . . .
. . . He again argued that appellants’ petition was time-barred under section 733.212(3). . . . Section 733.212(3), Florida Statutes (2005), provides: Any interested person on whom a copy of the notice . . . challenging the will and the qualifications of the personal representative were untimely under section 733.212 . . . Moreover, the time period under section 733.212(8) cannot be extended absent fraud, misrepresentation . . . Davis, 70 So.3d 572, 573-74 (Fla.2011) (holding that section 733.212(3) bars an objection to the qualifications . . .
. . . Code, “[a]ny interested person, including a beneficiary under a prior will, unless barred under s. 733.212 . . .
. . . .; amending § 733.212, Fla. Stat. (2010); providing effective date). . . . Consistent with statutory changes made by chapter 2011-183, section 8, Laws of Florida (amending § 733.212 . . . Revocation of probate. § 733.212, Fla. Stat. . . .
. . . For the reasons explained below, we hold that section 733.212(3) bars an objection to the qualifications . . . However, we disapprove Angelus to the extent that it holds section 733.212(3) does not bar objections . . . Examination of the text of section 733.212(3) is our first task. . . . representative who was never eligible to serve is unsupported by the text of section 733.212(3). . . . Thus, our decision in this case is limited to objections filed pursuant to section 733.212(3). . . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. . . .
. . . appellant’s motions to disqualify appellee as personal representative were time barred pursuant to section 733.212 . . . not filed within three months after service of the notice of administration as required by section 733.212 . . . Section 733.212, Florida Statutes (2007), provides in pertinent part: (3) Any interested person on whom . . . The Third District explained: The three-month statute of limitations period contained in Section 733.212 . . . Although section 733.212(3) and section 733.304 are found in separate parts of the Florida Probate Code . . .
. . . . § 733.212, Fla. Stat. (2007). . . .
. . . court found that David, as the personal representative, failed to comply with Florida Statutes, section 733.212 . . .
. . . Under the Florida Probate Code 733.212(3), any objection to the validity of the will must be served with . . . The Wife contends that the statute, section 733.212(3), Florida Statutes (2006), requires only the “filing . . . The Daughters respond that section 733.212 is implemented by Florida Probate Rules 5.025, 5.040, and . . . Section 733.212(3) provides: Any interested person on whom a copy of the notice of administration is . . . Further, the trial court’s conclusion that section 733.212(3) requires service of formal notice within . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. . . . Waiver and consent by interested person. § 733.212, Fla. Stat. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . . Suspension of statutes of limitation in favor of the personal representative. § 733.212, Fla. Stat. . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. . . . notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 . . . revised. 2005 Revision: Subdivision (a)(3) amended to make it consistent with 2003 change to section 733.212 . . . Revocation of probate. § 733.212, Fla. Stat. . . . Revocation of probate. § 733.212, Fla. Stat. . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . .
. . . . § 733.212(1), Fla. Stat. (2004). . . .
. . . Therefore, pursuant to section 733.212(3), Florida Statutes, Appellant’s claims are barred. . . . to California, the objection was untimely when not filed within the three-month limit under section 733.212 . . . For the purpose of overcoming the bar of section 733.212(3), Appellant contends that an issue of domicile . . . This would render section 733.212(3) meaningless and would contravene Florida’s public policy as expressed . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. . . . Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. . . . Revocation of probate. § 733.212, Fla. Stat. . . . Revocation of probate. § 733.212, Fla. Stat. . . . General definitions. § 733.212, Fla. Stat. . . .
. . . It is undisputed that, pursuant to section 733.212, Florida Statutes, governing notice to creditors, . . . We note that the legislature has subsequently amended section 733.212. . . . Section 733.212(a) now provides: The personal representative shall promptly make a diligent search to . . .
. . . See also § 733.212(3), Fla. . . .
. . . . § 733.212(3), Fla. . . . See § 733.212(1), Fla. . . . since Sarah was purportedly served with formal notice of the probate proceedings pursuant to section 733.212 . . .
. . . should be dismissed because it had not been filed within the three-month time period required by Section 733.212 . . . Section 733.212 states that: “Any interested person on whom a copy of the notice of administration was . . . services as personal representative did not harm the estate, we disagree with the conclusion that Section 733.212 . . . The three-month statute of limitations period contained in Section 733.212(3) does not apply to bar Angelus . . . Simply, Section 733.212(3) does not provide the trial court with discretion to allow a legally unqualified . . .
. . . The adoption of section 733.212, Florida Statutes (1979), eliminates the need for subdivision (d) because . . .
. . . whom letters of administration have been issued so that the publication and notice requirements of s. 733.212 . . . reference in section 737.3057(1) to a failure to discharge "the publication and notice requirements of s. 733.212 . . .
. . . Notice; when-required-T § 733.212, Fla. Stat. . . . Notice; when required. § 733.212, Fla. Stat. . . . Notice to creditors. § 733.212, Fla. Stat. . . . Notice to creditors. § 733.212, Fla. Stat. . . . Stah-N-etiee to creditors- § 733.212, Fla. . . .
. . . Pursuant to section 733.212(4)(a), Florida Statutes (2000): The personal representative shall promptly . . . He reminds us that section 733.212(4)(a) does not require impracticable and extended searches. . . . that the personal representative’s search was not sufficient to satisfy the requirements of section 733.212 . . .
. . . Under the statutes that existed at the time of the decedent’s death, section 733.212(1), Florida Statutes . . . In addition, section 733.212(4)(a) provided: The personal representative shall promptly make a diligent . . . Mussano complied with section 733.212(1) and published a notice of administration on December 4,1996. . . . Creditors that were not entitled to actual notice under section 733.212(4)(a) had until March 4, 1997 . . . Effective January 1, 2002, section 733.212 was re-written and section 733.2121, Florida Statutes was . . .
. . . . § 733.212, Fla. Stat. Notice of administration; fifing of objections and claims. . . . notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 . . . Revocation of probate. § 733.212, Fla. Stat. . . .
. . . a contingent claim and therefore Cianci was not entitled to creditor notice as provided by section 733.212 . . . extension for the filing of her claim inasmuch as this is one of the statutory relief provisions in section 733.212 . . . Probate R. 5.240; § 733.212(4)(a), Fla. . . .
. . . . § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla. . . . Notice; when required. § 733.212, Fla. Stat. . . .
. . . Section 733.212(4)(a), Florida Statutes, provides that a personal representative is required to “promptly . . . those creditors a copy of the notice within three months after the first publication of the notice.” § 733.212 . . . While actual notice under section 733.212(4)(a) is owed only to ascertainable creditors, not to contingent . . .
. . . Owens does not render inadequate the remedy provided by section 733.212(l)(b), Florida Statutes (1993 . . . Although the short period for objections under section 733.212(5) undoubtedly results in the failure . . .
. . . her petition for revocation of probate for failure to file a statement of claim pursuant to section 733.212 . . . We agree, however, with appellant’s argument that she was not barred by section 733.212 from challenging . . . Without a new notice of administration, the three-month limitation period of section 733.212(l)(b) did . . . Section 733.212 requires that the personal representative publish a notice of administration. . . . .” § 733.212(b), Fla. Stat. . . .
. . . the publication notice to creditors provided by the personal representative comported with sections 733.212 . . .
. . . Section 733.212(3), however, does not require notice to be served on devisees of prior wills. . . . .” § 733.212(3)(c), Fla. Stat. (1995). . . .
. . . ) Any interested person, including a beneficiary under a prior will, except those barred under Sec. 733.212 . . .
. . . Section 733.212(4)(a), Florida Statutes, provides that a personal representative is required to “promptly . . .
. . . Section 733.212(5), Florida Statutes (1993), provides that: Objections under paragraph (l)(b), by persons . . .
. . . Section 733.212(3). . . . Section 733.212. . . .
. . . finding that its Petition for Revocation of Probate of Codicil is barred as untimely pursuant to sections 733.212 . . . Section 733.212(3), Florida Statutes (1995), requires the personal representative to serve a copy of . . . not file its Petition for Revocation of Probate of Codicil within the time period stated in sections 733.212 . . .
. . . . § 733.212, Fla.Stat. . . . Notice; when required. § 733.212, Fla.Stat. . . . notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 . . . Revocation of probate. § 733.212, Fla.Stat. . . . Notice to creditors. § 733.212, Fla.Stat. . . .
. . . Pav-lick’s petition was untimely filed and barred by section 733.212, Florida Statutes (1993). . . . Section 733.212(l)(b) provides that interested persons who receive notice of the administration must . . . Objections not filed within the specified period are forever barred by section 733.212(5). Mr. . . . Pavlick complied with the requirements of section 733.212(l)(b) by filing his initial objection before . . . He filed and served his petition for revocation, however, after the time period set forth in section 733.212 . . .
. . . good faith in failing to acknowledge [Isler’s] claim and to provide [Isler] with prompt notice under § 733.212 . . . Second, as to the trial court’s finding regarding the failure to provide prompt notice under § 733.212 . . . Section 733.212(4)(a), provides, in pertinent part: The personal representative shall promptly make a . . .
. . . Section 733.212(4)(a), Florida Statutes (1993), provides: The personal representative shall promptly . . .
. . . Under section 733.212(4)(a), Florida Statutes (1993), a personal representative is required to serve . . .
. . . affidavits that they were not served notice of administration in accordance with the mandate of section 733.212 . . .
. . . Section 733.212, Fla.Stat. (1987). . . .
. . . months of the date of the first publication of the Notice of Administration, required pursuant to Sec. 733.212 . . .
. . . Costs and attorney fees. 733.212, Fla.Stat. . . . Notice; when required. § 733.212, Fla.Stat. . . . Notice; when required. § 733.212, Fla.Stat. . . . Notice to creditors. § 733.212, Fla.Stat. . . . Notice to creditors. § 733.212, Fla.Stat. . . .
. . . deleted, effective October 1, 1991, in order to make the rule consistent with amendments to sections 733.212 . . . DCA 1988), reversed an order denying a motion for an extension of time on the authority of sections 733.212 . . .
. . . I agree with the majority that the purpose of sections 733.212 and 733.702, Florida Statutes (1985), . . . Section 733.212 reads, in pertinent part: 733.212 Notice of administration; filing of objections and . . . court, within 3 months of the first publication of the notice: (a) All claims against the estate. § 733.212 . . . within the statutory period permitted by section 733.702, satisfies the filing requirements of sections 733.212 . . .
. . . . § 733.212, Fla.Stat. . . . notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 . . . Revocation of probate. § 733.212, Fla.Stat. . . .
. . . incomplete, being even less than the information prescribed to be given under Sections 733.701 and 733.212 . . .
. . . Section 733.212, Florida Statutes (1989), provides that an “interested person” may file an objection . . .
. . . taxpayers should contain a statement similar to that found in the Florida probate nonclaim statute (section 733.212 . . .
. . . petitioner and she is unquestionably an interested person, she is entitled to notice under section 733.212 . . .
. . . Section 733.212, Fla.Stat. . . .
. . . Pursuant to section 733.212, Florida Statutes (1987), a personal representative is under a statutory . . . We hold that under section 733.212, “prompt notice” means that which should be accomplished by a reasonably . . .
. . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . .
. . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . .
. . . Jara, deceased, pursuant to Florida’s nonclaim statutes, sections 733.212 and 733.702, Florida Statutes . . . The issue, as phrased by the appellant, is whether sections 733.212 and 733.702 violate the notice requirements . . .
. . . The Court finds that the claims statute § 733.212, Fla. . . .
. . . Subsequently, pursuant to Sections 731.301(1), 733.212, and 733.2123, Florida Statutes (1983), formal . . .
. . . As provided in section 733.212, Florida Statutes, the personal representative filed a notice of administration . . . Section 733.109(1), Florida Statutes, provides that any interested person “except those barred under s. 733.212 . . . Section 733.212 does not bar appellant because the record on appeal does not show that he was served . . . administration (as distinguished from the notice of the petition for administration) as required by section 733.212 . . . As long as not barred by either section 733.212 or 733.2123, any interested person is permitted by section . . .
. . . Section 733.212, Florida Statutes (1983), requires the personal representative to publish a notice of . . .
. . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . . F.S. 733.212 Notice of administration; filing of objections and claims. . . .
. . . For much the same reason, we likewise disagree with the contention that this action is barred by Sec. 733.212 . . .
. . . See § 733.212, Fla.Stat. . . .
. . . It is Baron’s position that the time constraints of Sections 733.212 and 733.2123, Florida Statutes ( . . . (1) Any interested person, including a beneficiary under a prior will, except those barred under s. 733.212 . . . In this case the strict requirements of Sections 733.212 and 733.2123 were not complied with. . . . Baron was not served with the Notice of Administration as required by Section 733.212(l)(b), nor was . . . Section 733.212 provides in pertinent part: (1) The personal representative shall promptly publish a . . .
. . . 1.210(a), whose interests are represented by Arthur as personal representative of the estate, see § 733.212 . . .
. . . . §§ 732.212, 733.212, 733.702, Fla.Stat. (1979). . . .
. . . Shortly thereafter, a notice of administration was duly published as provided by Section 733.212, Florida . . . any time before discharge under Section 733.-109(1), Florida Statutes (1979), or, if, as here, Sec. 733.212 . . . ) is complied with, within three months of the first publication of the notice of administration. § 733.212 . . . procedural one and is in no sense a statute of limitations or a mandatory non-claim provision such as Sec. 733.212 . . .
. . . The adoption of section 733.212, Florida Statutes (1979), eliminates the need for subdivision (d) because . . .
. . . more than 90 days after the first publication of the notice of administration in violation of Section 733.212 . . . should be construed as a timely objection challenging the validity of the will pursuant to Section 733.212 . . . We do, however, agree with appellant that he has complied with the requirements of Section 733.212(1) . . .
. . . period within which claims must be filed); Section 732.801 (time for filing a disclaimer); and Section 733.212 . . .
. . . Section 733.212(1) and (2), the notice shall be published “once a week for 2 consecutive weeks, two publications . . . Section 733.212(1) and (3) within which objections to distribution and claims for distribution may be . . .
. . . Pursuant to Section 733.212(1), Florida Statutes (1975), the personal representative published and served . . . renunciation had not been made within the three month time period for contesting the will provided by Section 733.212 . . .
. . . Substantially the same as and procedurally carries out intent of FPC 733.212. RULE 5.260. . . .