Florida Statute 733.212 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

View Entire Chapter

F.S. 733.212

733.212 Notice of administration; filing of objections.—

(1) The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative:

(a) The decedent’s surviving spouse;

(b) Beneficiaries;

(c) The trustee of any trust described in s. 733.707(3) and each qualified beneficiary of the trust as defined in s. 736.0103, if each trustee is also a personal representative of the estate; and

(d) Persons who may be entitled to exempt property

in the manner provided for service of formal notice, unless served under s. 733.2123. The personal representative may similarly serve a copy of the notice on any devisees under a known prior will or heirs or others who claim or may claim an interest in the estate.

(2) The notice shall state:

(a) The name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, whether the estate is testate or intestate, and, if testate, the date of the will and any codicils.

(b) The name and address of the personal representative and the name and address of the personal representative’s attorney, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the personal representative and any attorney employed by the personal representative.

(c) That any interested person on whom a copy of the notice of administration is served must file on or before the date that is 3 months after the date of service of a copy of the notice of administration on that person any objection that challenges the validity of the will, the venue, or the jurisdiction of the court. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by subsection (3), all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.

(d) That persons who may be entitled to exempt property under s. 732.402 will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property.

(e) That, unless an extension is granted pursuant to s. 732.2135(2), an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or a guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death.

(f) That, under certain circumstances and by failing to contest the will, the recipient of the notice of administration may be waiving his or her right to contest the validity of a trust or other writing incorporated by reference into a will.

(g) That the personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228 applies, or may apply, unless a written demand is made by the surviving spouse or a beneficiary as specified under s. 732.2211.

(3) Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by this subsection, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.

(4) The appointment of a personal representative or a successor personal representative shall not extend or renew the period for filing objections under this section, unless a new will or codicil is admitted.

(5) The personal representative is not individually liable to any person for giving notice under this section, regardless of whether it is later determined that notice was not required by this section. The service of notice in accordance with this section shall not be construed as conferring any right.

(6) If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate.

(7) If a will or codicil is subsequently admitted to probate, the personal representative shall promptly serve a copy of a new notice of administration as required for an initial will admission.

(8) For the purpose of determining deadlines established by reference to the date of service of a copy of the notice of administration in cases in which such service has been waived, service shall be deemed to occur on the date the waiver is filed.

History.—s. 1, ch. 74-106; s. 60, ch. 75-220; s. 227, ch. 77-104; s. 3, ch. 88-340; s. 2, ch. 89-340; s. 2, ch. 90-23; s. 8, ch. 93-257; s. 7, ch. 95-401; s. 191, ch. 99-397; s. 94, ch. 2001-226; s. 8, ch. 2003-154; s. 6, ch. 2006-134; s. 36, ch. 2006-217; s. 8, ch. 2011-183; s. 17, ch. 2013-172; s. 2, ch. 2015-27; s. 5, ch. 2020-67; s. 11, ch. 2024-238.

Note.—Created from former s. 732.28.

F.S. 733.212 on Google Scholar

F.S. 733.212 on Casetext

Amendments to 733.212

Arrestable Offenses / Crimes under Fla. Stat. 733.212

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.212.

Annotations, Discussions, Cases:

Cases Citing Statute 733.212

Total Results: 20

In Re: Amendments to Florida Probate Rules - 2024 Legislation

Court: Supreme Court of Florida | Date Filed: 2024-09-05

Snippet: other person. Unless sooner barred by section 733.212(3), Florida Statutes, all objections to the validity

In Re: Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2024-07-03

Snippet: 208, Fla. Stat. Discovery of later will. § 733.212, Fla. Stat. Notice of administration; filing of

WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH

Court: District Court of Appeal of Florida | Date Filed: 2022-05-25

Snippet: validity of the will within the meaning of section 733.212(3), Florida Statutes (2021), we reverse and remand

ALFREDO TENDLER v. KENNETH N. JOHNSON

Court: District Court of Appeal of Florida | Date Filed: 2021-12-22

Snippet: three-month limitation period provided in section 733.212(3), Florida Statutes (2018).

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2021-02-18

Snippet: created to conform to an amendment to section 733.212, Florida Statutes, that requires the Notice of

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-12-31

Snippet: created to conform to an amendment to section 733.212, Florida Statutes, that requires the Notice of

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

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: other person. Unless sooner barred by section 733.212(3), Florida Statutes, all objections to the validity

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

Court: Supreme Court of Florida | Date Filed: 2019-11-14

Snippet: other person. Unless sooner barred by section 733.212(3), Florida Statutes, all objections to the validity

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

Court: Supreme Court of Florida | Date Filed: 2018-01-25

Snippet: chapter 2011-183, Laws of Florida, amended section 733.212(2)(b), Florida Statutes (2010), to require that

KAREN WINSLOW v. MALLORY N. DECK

Court: District Court of Appeal of Florida | Date Filed: 2017-08-02

Citation: 225 So. 3d 276, 2017 Fla. App. LEXIS 11220, 2017 WL 3279134

Snippet: the statutory requirements set forth in section 733.212(3), Florida Statutes (2013), within the applicable

Reyes v. Infinity Indemnity Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2017-01-18

Snippet: actual notice and via publication. See, e.g., §§ 733.212, 733.2121, Fla. Stat. (2013). Interested persons

Estate of Arroyo v. Infinity Indemnity Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2017-01-18

Citation: 211 So. 3d 240, 2017 Fla. App. LEXIS 456

Snippet: actual notice and via publication. See, e.g., §§ 733.212, 733.2121, Fla. Stat. (2013). Interested persons

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2016-09-01

Citation: 199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Snippet: General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2015-12-17

Citation: 181 So. 3d 480, 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021

Snippet: ch.2015-27, § 2, Laws of Fla. (amending section 733.212, Florida Statutes, to delete the phrase “the qualifications

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2013-11-27

Citation: 131 So. 3d 717, 38 Fla. L. Weekly Supp. 868, 2013 WL 6223207, 2013 Fla. LEXIS 2608

Snippet: “qualified beneficiary,” subsection (16); amending § 733.212(l)(c), Fla. Stat. (2012), to delete reference to

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2013-09-26

Citation: 123 So. 3d 31, 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

Snippet: proceedings. bate. o & I© 2 o s o CO 3 F OO S’ CO CO § 733.212, Fla. Stat. Notice of administration; filing of

Gordon v. Kleinman

Court: District Court of Appeal of Florida | Date Filed: 2013-08-14

Citation: 120 So. 3d 120, 2013 WL 4081027, 2013 Fla. App. LEXIS 12730

Snippet: beneficiary under a prior will, unless barred under s. 733.212 or s. 733.2123 ... before final discharge of the

Shuck v. Smalls

Court: District Court of Appeal of Florida | Date Filed: 2012-12-05

Citation: 101 So. 3d 924, 2012 Fla. App. LEXIS 20886, 2012 WL 6027820

Snippet: appellants’ petition was time-barred under section 733.212(3), Florida Statutes, because the petition was

Agee v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2011-11-16

Citation: 73 So. 3d 882, 2011 Fla. App. LEXIS 18106, 2011 WL 5554833

Snippet: beneficiary under a prior will, unless barred under s. 733.212 or s. 733.2123, may commence [a proceeding to revoke

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2011-09-28

Citation: 73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Snippet: (creating §§ 732.615, 732.616, Fla. Stat.; amending § 733.212, Fla. Stat. (2010); providing effective date).