Florida/Georgia Personal Injury & Workers Compensation

...I find the majority's termination of the rights of the first wife and of the children of the first marriage of this decedent is contrary to justice and unnecessary to carry out the legislative intent of the nonclaim statutes. I agree with the majority that the purpose of sections 733.212 and 733.702, Florida Statutes (1985), is to promote the early determination of claims against an estate in order that the claims may be paid and the remaining assets distributed to the beneficiaries in an expeditious manner. Section 733.212 reads, in pertinent part: 733.212 Notice of administration; filing of objections and claims....

...— (1) The personal representative shall promptly publish a notice of administration and serve a copy of the notice on the surviving spouse and all beneficiaries known to the personal representative by mail in the manner provided for service of formal notice, unless served under s. 733.2123....

...onal representative's attorney and state that the publication of the notice has begun. The notice shall require all interested persons to file with the court, within 3 months of the first publication of the notice: (a) All claims against the estate. § 733.212(1)(a), Fla....

...The probate of William Spohr's estate is in the circuit court of the fifteenth judicial circuit, and Anna Spohr's claim to enforce the provision of the prior judgment was filed as a civil suit in the same circuit court. As noted by the majority opinion, that claim was filed as a lawsuit within the three-month claim period. Section 733.212(1), Florida Statutes (1985), requires "all interested persons to file with the court, within 3 months of the first publication of the notice: (a) All claims against the estate." (Emphasis added.) Anna Spohr filed her complaint contain...

...Smith's commentary in a Florida Probate Code manual. I find that the filing of a civil action in the circuit court that has jurisdiction of the probate proceeding, within the statutory period permitted by section 733.702, satisfies the filing requirements of sections 733.212 and 733.702....

...tor be given notice by mail or such other means as is certain to ensure actual notice. Respondent argues that at the very least the notice to Florida taxpayers should contain a statement similar to that found in the Florida probate nonclaim statute (section 733.212(1)(a), Florida Statutes) which states that all claims against the estate must be filed "within the time periods set forth in ss....

...ed for them at the time. Subdivision (c) has been supplanted by section 737.402(2)(z), Florida Statutes (1979), that gives trustees the power to prosecute and defend actions, regardless of the conditions specified in the subdivision. The adoption of section 733.212, Florida Statutes (1979), eliminates the need for subdivision (d) because it provides an easier and less expensive method of eliminating the interests of an heir at law who is not a beneficiary under the will....

...Pass, 868 So.2d 571 (Fla. 3d DCA 2004). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The issue before us is whether an objection to the qualifications of a personal representative of an estate is barred by the three-month filing deadline set forth in section 733.212(3), Florida Statutes (2007), a provision of the Florida Probate Code, when the objection is not filed within that statutory time frame. For the reasons explained below, we hold that section 733.212(3) bars an objection to the qualifications of a personal representative, including an objection that the personal representative was never qualified to serve, if the objection is not timely filed under this statute, except where fraud...

...[1] To the extent that the decision of the Third District in Angelus involved allegations of fraud and misrepresentation not revealed in the petition for administration, we approve the result in Angelus. However, we disapprove Angelus to the extent that it holds section 733.212(3) does not bar objections that a personal representative was never qualified to serve....

...presentative statute. The circuit court's written order was entered on July 10, 2009, finding Davis was qualified to serve as personal representative and also finding that Hill's objection was not filed within the three-month time frame set forth in section 733.212(3)....

...On appeal, the First District did not reach the merits of the claim that Davis was not qualified under the nonresident personal representative statute, but affirmed the probate court's denial of Hill's motion to disqualify Davis, finding that her objection was barred by the three-month time limit in section 733.212(3)....

...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. § 733.212(3), Fla. Stat. (2007). The First District then certified conflict with the Third District's decision in Angelus v. Pass, 868 So.2d 571 (Fla. 3d DCA 2004), which held that "[t]he three-month statute of limitations period contained in Section 733.212(3) does not apply to bar Angelus's petition because [the nonresident personal representative] was never legally qualified to serve as personal representative at any time." Angelus, 868 So.2d at 573....

...applying the plain language of the statute." GTC, Inc. v. Edgar, 967 So.2d 781, 785 (Fla.2007). With these principles in mind, we turn to the statute at issue in this case. Discussion The conflict issue in this case revolves around the provision in section 733.212(3), Florida Statutes (2007), of the Florida Probate Code setting forth a three-month time limit for filing objections to the qualifications of a personal representative....

..., as set forth in section 733.304(3). Hill contended that Davis was never qualified to serve as a nonresident personal representative and, for that reason and based on the holding in Angelus, her objection to Davis's qualifications was not barred by section 733.212(3). [5] As explained more fully below, we disagree with Hill's contention that the time limit in section 733.212(3) does not apply to objections that the personal representative was never qualified to serve. Examination of the text of section 733.212(3) is our first task. Importantly, the text of section 733.212(3) makes no exception for objections that the personal representative was never qualified to serve....

...sions of the qualifications statute nor upon Rule 5.310, particularly where the applicant was never otherwise legally qualified to serve. Angelus, 868 So.2d at 573. The First District in this case took a different view of the time limit set forth in section 733.212(3), and explained: [W]e disagree with the sweeping holding in Angelus because it effectively renders part of section 733.212(3) meaningless....

...claim that a nonresident is not qualified to serve as a personal representative pursuant to section 733.304 is an objection to "the qualifications of the personal representative" and should be subject to the clear and unambiguous *577 provisions of section 733.212(3)....

...Contrary to the Third District's decision in Angelus, we find nothing in Florida Probate Rule 5.310 or sections 733.304 and 733.3101, Florida Statutes, which would preclude the application of the three-month statute of limitations period contained in section 733.212(3) to appellant's claim that appellee was not qualified to serve as a nonresident personal representative pursuant to section 733.304 where the factual basis for the claim was known to appellant and could have been raised within the three-month period. Hill, 31 So.3d at 923-24 (emphasis supplied) (citation omitted). We agree with the First District's analysis of the applicability of section 733.212(3) to an objection that a personal representative was never qualified to serve where the factual basis for the claim was known to the challenger and could have been timely raised under the statute. The broad statement in Angelus that section 733.212(3) does not bar untimely objections to a personal representative who was never eligible to serve is unsupported by the text of section 733.212(3). Further, that broad statement in Angelus would improperly engraft upon section 733.212(3) an exception not included there by the Legislature....

...We have long held that courts are not at liberty to extend, modify, or limit the express and unambiguous terms of a statute. See, e.g., Holly, 450 So.2d at 219. The Angelus court characterized section 733.304, the nonresident personal representative statute, as a qualification statute standing separate and apart from section 733.212(3), which provides for objections to the qualifications of a personal representative within the three-month time limit set forth there....

...eted to mean there is no time limit for filing such objections. As the First District concluded, a claim that a nonresident is not qualified to serve is an objection to the qualifications of a personal representative, a matter expressly addressed in section 733.212(3). This conclusion is buttressed by the fact that both section 733.304, regarding nonresident personal representatives, and section 733.212, which governs the filing of objections, are contained within the Florida Probate Code (chapters 731-735, Florida Statutes)....

...State, 4 So.3d 614, 629 (Fla.2009) (stating as to certain provisions in chapter 985, Florida Statutes, pertaining to juvenile justice, that "the Florida Legislature has provided a comprehensive statutory scheme, and we attempt to follow the requirements that it has set forth"). Because section 733.212(3) states in a comprehensive fashion when an objection *578 to the qualifications of a personal representative must be filed, it was unnecessary for the Legislature to state a time deadline in section 733.304 for objecting specifically to the qualifications of a nonresident personal representative. Moreover, there is no indication in section 733.212(3) that the three-month deadline for filing objections applies only to resident personal representatives. The First District correctly noted that section 733.212(3) "clearly states that interested persons such as appellant `must object to ....

..."[a] claim that a nonresident is not qualified to serve as a personal representative pursuant to section 733.304 is an objection to `the qualifications of the personal representative' and should be subject to the clear and unambiguous provisions of section 733.212(3)." Hill, 31 So.3d at 923....

...Nothing was concealed or misrepresented, as apparently occurred in Angelus. Accordingly, we approve Hill, and hold under the facts of this case that Hill's objection to Davis's qualifications to serve as personal representative was not timely filed under section 733.212(3), and is thus barred....

...with this decision. To the extent that Angelus involved fraud or misrepresentation that was not revealed in the petition for administration, we approve of the result in Angelus. However, we disapprove Angelus to the extent that it broadly holds that section 733.212(3) does not apply to bar objections that a personal representative was never qualified to serve....

...Statutes (2007), and 733.506, Florida Statutes (2007), which provide for an adversary proceeding to remove a personal representative for reasons set forth in section 733.504. Thus, our decision in this case is limited to objections filed pursuant to section 733.212(3)....

...reflected in the district court's opinion or in the record, Hill has not disputed that she was served on July 24, 2007. Hill also concedes that she did not file and serve her motion to disqualify Davis within the three-month time frame set forth in section 733.212(3)....

...[5] The district court did not reach the issue of whether Davis was, in fact, qualified to serve, and Hill did not brief that issue in this Court. Accordingly, our decision is limited to the conflict issue concerning the three-month filing deadline in section 733.212(3)....

...School Board of Manatee County, 314 So.2d 598 (Fla.2d DCA 1975) (alleged successor to general legatee real party in interest with standing to challenge title to property) and Fla.R.Civ.P. 1.210(a), whose interests are represented by Arthur as personal representative of the estate, see § 733.212....

...s trust. In re Estate of Black, 528 So.2d 1316 (Fla. 2d DCA 1988). The notice of administration of the estate, which starts the time period for challenging a will, need not be served on the beneficiaries of the trusts into which the will pours over. Section 733.212(3). Finally, wills, unlike trusts, must be challenged within several months after the testator's death. Section 733.212.

...Krivanek, 511 U.S. 1030, 114 S.Ct. 1538, 128 L.Ed.2d 191 (1994); Schuster v. Blue Cross & Blue Shield of Fla., Inc., 843 So.2d 909 (Fla. 4th DCA), review dismissed, 852 So.2d 862 (Fla.2003); Carlton v. Carlton, 816 So.2d 254 (Fla. 2d DCA 2002). [4] See also § 733.212(3), Fla....

...ere not timely filed. Timeliness Of The Petitions Cason, on behalf of Sarah, had three months from the date of service of the Notice of Administration to file an objection to the validity of the will or qualifications of the personal representative. § 733.212(3), Fla....

...y of the notice of administration on the objecting person, or those objections are forever barred."). In order to be bound by this time limitation, the interested person must have been formally served with a copy of the notice of administration. See § 733.212(1), Fla....

...rizing such limitations.") (citing Nardi v. Nardi, 390 So.2d 438 (Fla. 3d DCA 1980)). When Cason filed the two petitions, more than three months had elapsed since Sarah was purportedly served with formal notice of the probate proceedings pursuant to section 733.212(2), Florida Statutes (2003)....

...1991); In re Estate of Danese, 601 So.2d 570 (Fla. 1st DCA 1992). Filing a claim with the estate is a process separate from the procedures for substitution of parties in the pending litigation which is governed by the civil procedural rules. See Fla.R.Civ.P. 1.260(a). Under section 733.212(4)(a), Florida Statutes (1993), a personal representative is required to serve creditors with a copy of the notice of administration....

..., or insufficient notice of the claims period. Here, Cadle sought an extension based on its claim of insufficient notice. The only creditors entitled to actual notice of administration are those who are known or reasonably ascertainable. Pursuant to section 733.212(4)(a), Florida Statutes (2000): The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and shall serve on those creditors a copy of the notice within 3 months after the first publication of the notice.......

...ceding his or her death and to chart out patterns in the amounts paid, where no bill, phone call, or correspondence reflects an outstanding debt, places a greater burden on the personal representative than what is required by law. He reminds us that section 733.212(4)(a) does not require impracticable and extended searches....

...d them with copies of the checks, and then identified Cadle as a potential creditor. Thus, there is a conceivable basis upon which the trial court could find that the personal representative's search was not sufficient to satisfy the requirements of section 733.212(4)(a)....

...5th DCA 1997)(fraud is recognized as a justification for reopening an estate, even after an order of discharge has been entered), and cases cited therein. We do not find that appellants' allegations could amount to fraud. The essence of these allegations is that they were not notified of the death or the probate. Section 733.212(3), however, does not require notice to be served on devisees of prior wills. It does provide that the personal representative "may" give notice to devisees under "a known prior will." § 733.212(3)(c), Fla....

...All notices required to be given in regard to the probate estate were given and notice of probate was filed and published in the local newspaper. Because they were not beneficiaries under the will, appellants were entitled only to notice by publication. [1] Section 733.212, Fla....

...On January 4, 1980, a petition for administration was filed in the Dade County Circuit Court by the executors named in the will. The petitioners elected not to proceed pursuant to Section 733.201, Florida Statutes (1979) under which the self-proving will would have been immediately admitted to probate. Instead, they invoked Section 733.2123, Florida Statutes (1979), which states: Adjudication before issuance of letters - A petitioner may serve formal notice of his petition for administration on interested persons....

...Notwithstanding these time limitations, the lower court entered orders admitting the will to probate and issued letters of administration to the named executors on January 25, 1980, only nine days after Michael Nardi was served. Shortly thereafter, a notice of administration was duly published as provided by Section 733.212, Florida Statutes (1979)....

...arred by the failure to respond within 20 days after receipt of the notice. The lower court held that the admittedly premature issuance of the letters was immaterial. We cannot agree with that conclusion. In our view, the optional provisions of Sec. 733.2123, which preclude challenges to the validity of a will "except in connection with the proceedings before issuance of letters," may be applied only when there is strict adherence to the preconditional safeguards (which are themselves quite limi...

...ice. [1] See, In re Estate of Dalton, 206 So.2d 264 (Fla. 3d DCA 1968), cert. denied, 211 So.2d 211, 213 (Fla. 1968). A nonadherence to these requirements amounts to an abandonment of the benefit of a shortened period for objection conferred by Sec. 733.2123....

...the alternative provisions of Sec. 733.201. See, In re Estate of Dalton, supra. These include the right of a contestant to petition for revocation at any time before discharge under Section 733.109(1), Florida Statutes (1979), or, if, as here, Sec. 733.212(1) is complied with, within three months of the first publication of the notice of administration. § 733.212(3), Fla....

...NOTES [1] This period has been accurately described as "extremely short." Feather v. Estate of Sanko, 390 So.2d 746 (Fla. 5th DCA 1980). [2] The requirement that an opponent file defenses within twenty days is merely a procedural one and is in no sense a statute of limitations or a mandatory non-claim provision such as Sec. 733.212(3)....

...Baron contends on appeal that the stipulation was not intended as a waiver of any right to attack the will but was entered into by the parties to allow the will to be filed and the administration proceed without necessarily affecting anyone's rights. It is Baron's position that the time constraints of Sections 733.212 and 733.2123, Florida Statutes (1979), are not applicable to preclude his attack upon the will because Anna R., as personal representative, did not invoke those provisions to shorten the time within which an interested person could file a petition to revoke probate. Revocation of probate is controlled by Section 733.109(1), which provides: (1) Any interested person, including a beneficiary under a prior will, except those barred under s. 733.212 or s. 733.2123, may, before final discharge of the personal representative, petition the court in which the will was admitted to probate for revocation of probate. However, if an interested person has been served with formal Notice of Administration pursuant to Section 733.212 [1] , Florida Statutes, he must file his objection to the *1199 will within three months of the first publication of Notice of Administration. If, pursuant to 733.2123 [2] the petitioner serves formal notice of Petition for Administration on an interested person prior to issuance of letters, that person may not thereafter challenge the validity of the will except in proceedings prior to issuance of the letters....

...If interested persons are to be limited by special time constraints, the personal representative must strictly comply with the statute authorizing such limitations. Nardi v. Nardi, 390 So.2d 438 (Fla. 3rd DCA 1980). 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(1)(b), nor was he served with formal notice of the petition for administration as required by 733.2123....

...In view of the foregoing the judgment appealed from is reversed and the cause is remanded to the trial court for further proceedings on Baron's petition to revoke probate of the will of Anna H. Ballett. REVERSED AND REMANDED with directions. BERANEK and GLICKSTEIN, JJ., concur. NOTES [1] Section 733.212 provides in pertinent part: (1) The personal representative shall promptly publish a notice of administration and serve a copy of the notice on the surviving spouse and all beneficiaries known to the personal representative by mail in the manner provided for service of formal notice, unless served under s. 733.2123....

...* * * * * * (3) Objections under paragraph (1)(b), by persons to whom notice was mailed, that are not filed within 3 months following the date of first publication of the notice are forever barred. Claims under paragraph (1)(a) are barred as provided in s. 733.702. [2] Section 733.2123 provides in pertinent part: A petitioner may serve formal notice of his petition for administration on interested persons....

...1991 Revision: Subdivision (b) amended to define informal notice more clearly. Statutory References § 731.105, Fla. Stat. In rem proceeding. § 731.201(16) and (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice; method and time; proof. § 733.203, Fla. Stat. Notice; when required. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla....

...However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida Statutes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702, Florida Statutes....

...1340, 99 L.Ed.2d 565 (1988). For the same reason, subdivision (e) was eliminated. Statutory References § 731.111, Fla. Stat. Notice to creditors. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla....

...4th DCA 1990)(holding the trial court did not abuse its discretion in striking untimely claim against the estate). North County argues it was entitled to actual notice of administration because the personal representatives had actual knowledge of its claim. We agree. Section 733.212(4)(a), Florida Statutes, provides that a personal representative is required to "promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and shall serve on those creditors a copy of the notice within three months after the first publication of the notice." § 733.212(4)(a), Fla....

...Consequently, we hold the trial court abused its discretion in striking North County's claim for being untimely filed. In this regard, while North County may have stipulated its claim was contingent, the only contingency was its winning the pending lawsuit. While actual notice under section 733.212(4)(a) is owed only to ascertainable creditors, not to contingent or conjectural claimants, Haig, 694 So.2d at 771, the events that allegedly establish North County's claim of liability have already occurred....

...uate" probate remedy, and what type of fraud might be sufficient to render the probate remedy inadequate. We conclude that the Charities' failure to discover the alleged undue influence of Mrs. Owens does not render inadequate the remedy provided by section 733.212(1)(b), Florida Statutes (1993)....

...03(2), Florida Statutes (1993). [6] Almost all will contests contain allegations of undue influence or duress arising out of conduct that was not disclosed or even readily apparent to the beneficiaries. Although the short period for objections under section 733.212(5) undoubtedly results in the failure of parties to pursue some valid objections, it also places all interested parties on notice that factual circumstances allowing for will contests must be rapidly and thoroughly investigated....

...This cause shall be transferred to San Francisco, California." No ancillary proceedings had been brought relating to the property in California. [1] We reverse. The trial court erred in entertaining the appellees' motion, as it was not timely filed. Section 733.212(5), Florida Statutes (1993), provides that: Objections under paragraph (1)(b), by persons on whom notice was served, that are not filed within the later of three months after the date of first publication of the notice or 30 days afte...

...Elaine Benedict Baer died on September 23, 1996. Joyce Mussano was appointed personal representative of her estate. The petition for administration was filed on November 5, 1996. Under the statutes that existed at the time of the decedent's death, [2] section 733.212(1), Florida Statutes (1995), required that the personal representative promptly publish a notice of administration containing the name of the decedent and other relevant information so that the creditor could file a claim against the estate. In addition, section 733.212(4)(a) provided: The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and shall serve on those creditors a copy of the notice within 3 months after the first publication of the notice....

...Impracticable and extended searches are not required ... Pursuant to section 733.702(1), Florida Statutes (1995), creditors had three months after the time of the first publication of the notice of administration to file their claim against the estate or it was time barred. 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, to file their claims or be time barred....

...We find that the trial court did not abuse its discretion. We do not find the remaining points raised by the appellants to be persuasive and affirm without discussion. POLEN, C.J., and GUNTHER, J., concur. NOTES [1] Lisa Benedict is not a party to this appeal. [2] Effective January 1, 2002, section 733.212 was re-written and section 733.2121, Florida Statutes was added. Section 733.2121(3)(a) provides: The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors....

...§ 733.702(3); American & Foreign Ins. Co. v. Dimson, 645 So.2d 45 (Fla. 4th DCA 1994). Appellees contend that they received insufficient notice of the claims period because they were not personally served with notice of the administration of the decedent's estate. Section 733.212(4)(a), Florida Statutes, provides that a personal representative is required to "promptly make a diligent search to determine the names and addresses of *771 creditors of the decedent who are reasonably ascertainable and shall serve o...

...[1] Section 733.702(1), Florida Statutes (1987), which was applicable at the time, required claims against a decedent's estate to be filed within three months from the first publication of the notice of administration. Notice by publication was all that was required. Section 733.212, Fla....

...papers filed in the case. In the month following the distribution of assets, Jansons' attorney filed a "Notice to Court" which admitted that there appeared to be other relatives who were residents of Latvia. However, no notice of administration, see § 733.212(3) Fla....

...GRIMES, C.J., and HOBSON, J., concur. NOTES [1] See, for example, Section 732.212 (time for filing surviving spouse's election of elective share); Section 733.702 (period within which claims must be filed); Section 732.801 (time for filing a disclaimer); and Section 733.212 (time for objecting to probate if served with notice)....

...The proposals are in response to statutory changes made by chapter 2011-183, Laws of Florida, which went into effect upon being signed into law by the Governor on June 21, 2011. See ch.2011-183, §§ 3-4, 8, 14, Laws of Fla. (creating §§ 732.615, 732.616, Fla. Stat.; amending § 733.212, Fla....

...Family Law Rules of Procedure (Rule 12.525), 897 So.2d 467 (Fla.2005) (adopting new rule 12.525 to provide that rule 1.525 shall not apply to proceedings governed by family law rules). Consistent with statutory changes made by chapter 2011-183, section 8, Laws of Florida (amending § 733.212, Fla....

...Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...nting the estate's motion to strike Appellants' claims as untimely. Appellants, one of whom is a beneficiary in addition to being a claimant, asserted by affidavits that they were not served notice of administration in accordance with the mandate of section 733.212(4)(a), Florida Statutes, though the record reflects that the personal representative, claimants' son and brother, respectively, was on notice of at least one of their claims....

...First, there is nothing in the statute *274 itself which suggests that interpretation. It is a matter of common knowledge that "claims" may be held by corporate creditors as well as by individuals. The statute makes no distinction; it merely refers to creditor[s]. Section 733.212, Florida Statutes (1983), requires the personal representative to publish a notice of administration which, among other things, requires all interested persons to file with the court, within three months of the first publication of the notice, all claims against the estate....

...ent's former husband, and not of the decedent. However, he claimed he did not know of the requirements of Section 733.304, and that the removal petition should be dismissed because it had not been filed within the three-month time period required by Section 733.212, Florida Statutes (2003). Section 733.212 states that: "Any interested person on whom a copy of the notice of administration was served must object to ......

...The trial court further noted that during the fifteen months Pass had served as personal representative, Pass had at all times acted for the benefit of the estate. While we agree with the trial court's findings that Pass's services as personal representative did not harm the estate, we disagree with the conclusion that Section 733.212 can be applied to allow a legally unqualified personal representative to escape the requirements of Section 733.304 *573 and Florida Probate Rule 5.310....

...hadwick's Estate, 309 So.2d 587 (Fla. 2d DCA 1975). Thus under Section 733.304 and Rule 5.310, Angelus, as an interested party, properly petitioned to remove Pass as personal representative. The three-month statute of limitations period contained in Section 733.212(3) does not apply to bar Angelus's petition because Pass was never legally qualified to serve as personal representative at any time....

...representations to the court and interested parties. Such a result would be antithetical to the policy of requiring personal representatives to hold specific qualifications and to be held to the highest standards of honesty and truthfulness. Simply, Section 733.212(3) does not provide the trial court with discretion to allow a legally unqualified person the privilege to serve as personal representative....

...Longmire filed the cross-claim against the estate because it became clear, as the litigation progressed, that the defendants' position was that Mrs. Ruffin had been speeding and was solely responsible for the accident. It is undisputed that, pursuant to section 733.212, Florida Statutes, governing notice to creditors, reasonably ascertainable creditors must receive actual notice that the probate proceedings are pending....

...There, any potential claim would arise only for presently unknown defects that might surface in the future. At the time of death, no defect had been discovered and communicated to the decedent. 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 determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors....

...file a bond. Fourth, although the Court seriously doubts that there are any genuine claimants against decedent's property who are present in this jurisdiction, notice of administration by publication shall be required. In accordance with Fla. Stat. Section 733.212(1) and (2), the notice shall be published "once a week for 2 consecutive weeks, two publications being sufficient ....

...."; and "proof of publication shall be filed." Publication may be in one of the newspapers of the county which are approved by local `Middle District' rule 7.03(a). However, the Court will exercise its discretion to modify the 3 month period of Fla.Stat. Section 733.212(1) and (3) within which objections to distribution and claims for distribution may be filed....

...Appellant claims that the decedent was not domiciled in Florida at the time of death. It is undisputed, however, that Appellant's petition was not filed within three months after the date of service of a copy of the notice of administration. Therefore, pursuant to section 733.212(3), Florida Statutes, Appellant's claims are barred. See Rogers v. Rogers, 688 So.2d 421, 421-22 (Fla. 3d DCA 1997) (holding that where beneficiaries of an estate sought to transfer the action to California, the objection was untimely when not filed within the *577 three-month limit under section 733.212). Id. For the purpose of overcoming the bar of section 733.212(3), Appellant contends that an issue of domicile is an attack on subject matter jurisdiction and is not waived by failing to timely file....

...peedy manner." May v. Illinois Nat'l Ins. Co., 771 So.2d 1143, 1151 (Fla.2000). If the court were to hold that domicile is a component of subject matter jurisdiction, any estate could be re-opened based on such a belated objection. This would render section 733.212(3) meaningless and would contravene Florida's public policy as expressed in May....

specified in the subdivision. The adoption of section 733.212, Florida Statutes (1979), eliminates the need

...ent personal representative pursuant to section 733.304(3), Florida Statutes (2007). We do not reach the merits of this claim because we conclude that appellant's motions to disqualify appellee as personal representative were time barred pursuant to section 733.212(3), Florida Statutes (2007)....

...re, appellee was not a lineal descendent of a spouse of the decedent. Appellee responded by moving to strike appellant's motions as untimely because they were not filed within three months after service of the notice of administration as required by section 733.212(3), Florida Statutes (2007)....

...ction 733.304(3). The court also found that appellant's motions to disqualify were made more than three months after service of the notice of administration, but did not indicate whether this finding was a ground for its ruling. This appeal follows. Section 733.212, Florida Statutes (2007), provides in pertinent part: (3) Any interested person on whom a copy of the notice of administration is served must object to ......

...In fact, the trial court could not have denied the motions as untimely because such a ruling would have been contrary to binding precedent of the Third District Court of Appeal in Angelus v. Pass, 868 So.2d 571 (Fla. 3d DCA 2004), which held that the three-month statute of limitations found in section 733.212(3) did not apply to bar a petition to remove the nonresident nephew-in-law of the decedent who misrepresented himself as the decedent's nephew and was not qualified to serve as personal representative under section 733.304. The Third District explained: The three-month statute of limitations period contained in Section 733.212(3) does not apply to bar Angelus's petition because Pass was never legally qualified to serve as personal representative at any time....

...representations to the court and interested parties. Such a result would be antithetical to the policy of requiring personal representatives to hold specific qualifications and to be held to the highest standards of honesty and truthfulness. Simply, Section 733.212(3) does not provide the trial court with discretion to allow a legally unqualified person the privilege to serve as personal representative....

...See Pardo v. State, 596 So.2d 665, 666 (Fla.1992) (stating that district court decisions bind all Florida trial courts in the absence of interdistrict conflict). However, we disagree with the sweeping holding in Angelus because it effectively renders part of section 733.212(3) meaningless....

...d." A claim that a nonresident is not qualified to serve as a personal representative pursuant to section 733.304 is an objection to "the qualifications of the personal representative" and should be subject to the clear and unambiguous provisions of section 733.212(3). Although section 733.212(3) and section 733.304 are found in *924 separate parts of the Florida Probate Code, statutes which relate to the same or closely related subjects should be construed together....

...Contrary to the Third District's decision in Angelus, we find nothing in Florida Probate Rule 5.310 or sections 733.304 and 733.3101, Florida Statutes, which would preclude the application of the three-month statute of limitations period contained in section 733.212(3) to appellant's claim that appellee was not qualified to serve as a nonresident personal representative pursuant to section 733.304 where the factual basis for the claim was known to appellant and could have been raised within the three-month period....

...This is not a situation where the factual basis for the claim of disqualification was concealed from appellant or arose after the three-month period had expired. Because appellant's motions to disqualify appellee as personal representative were time barred under section 733.212(3), we affirm the trial court's denial of the motions on that basis....

...Process and service of process. ch. 49, Fla. Stat. Constructive service of process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...Proceedings relating to children. ch. 48, Fla. Stat. Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; custody. ch. 63, Fla. Stat. Adoption. § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...tive. Service on one creditor by a chosen method shall not preclude service on another creditor by another method. (b)-(d) [NO CHANGE] *1179 Committee Notes [NO CHANGE] Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes....

...o filed in the appellate record. It states: 1. Notice of Administration of the estate was served by formal notice on September 27, 2006. *805 2. The petitioner did not timely serve a petition to contest the will according to the Florida Probate Code 733.212(3). The petitioner merely filed a motion to contest the will without using formal notice. 3. Under the Florida Probate Code 733.212(3), any objection to the validity of the will must be served with formal notice within three (3) months or objections are forever barred....

...Petitioner served the petition to contest the will by formal notice on March 16, 2007, almost six (6) months after the Notice of Administration. 5. Judge Sexton denied the petition to contest the will on the grounds that it did not comply with Florida Probate Code 733.212(3). The Wife contends that the statute, section 733.212(3), Florida Statutes (2006), requires only the "filing" of objections within three months and that her failure to serve her motion by formal notice within the three-month deadline is not fatal to her claim....

...She further contends that even if service by formal notice were required within the three-month period, the Daughters waived the requirement by engaging in protracted litigation before raising their objection to the service. The Daughters respond that section 733.212 is implemented by Florida Probate Rules 5.025, 5.040, and 5.041(d), which require that an objection be served with formal notice by the three-month deadline. Section 733.212(3) provides: Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the qualifications of the personal representative, the venue, or the jurisdiction of the court by fil...

...le 5.041(d) governs filing and provides that "[a]ll original papers shall be filed either before service or immediately thereafter." None of these rules contain a time requirement for serving formal notice. Further, the trial court's conclusion that section 733.212(3) requires service of formal notice within three months is erroneous because the statute requires only the "filing" of objections within three months after the notice of administration is served....

...ealth Care Administration is required, it must be accompanied by a death certificate. This requirement is deemed by the Committee to be a procedural requirement that should be included in the rule because of the inclusion of a similar requirement in section 733.2121(3)(d), Florida Statutes (2006). See ch. 2005-140, § 4, Laws of Fla. (amending section 733.2121(3)(d), effective July 1, 2005)....

...Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16),(20)(18),(22), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...Rule References [No Change] RULE 5.240. NOTICE OF ADMINISTRATION (a) Service. The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative and who were not previously served under section 733.2123, Florida Statutes: (1) the decedent's surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section 733.707(3), Florida Statutes and each qualified beneficiary of the trust as defined in section 737.303(4)(...

...However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida Statutes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702, Florida Statutes....

...2002 Revision: Procedures for notifying creditors are now governed by new rule 5.241. Committee notes revised. 2003 Revision: Change in title of (a) to reflect elimination of publication of notice. Committee notes revised. 2005 Revision: Subdivision (a)(3) amended to make it consistent with 2003 change to section 733.212(1)(c), Florida Statutes, regarding when service on trust beneficiaries is required, and clarifying editorial change made in (a)....

...Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...NOTICE TO CREDITORS (a) — (d) [No Change] (e) Service of Death Certificate. If service of the notice on the Agency for Health Care Administration is required, it shall be accompanied by a death certificate. Committee Notes [No Change] Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes....

...2005 Revision: Subdivision (a) amended to clarify approved methods of service on creditors. Committee notes revised. 2007 Revision: New subdivision (e) added to require service of a copy of the decedent's death certificate on the Agency for Health Care Administration, as is now required by section 733.2121(3)(d), Florida Statutes....

...a Statutes. 2007 Revision: Committee notes revised. Statutory References § 731.201(21)(23), Fla. Stat. General definitions. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...id designation of the personal representative, and interference with estate administration. Shortly thereafter, Smalls filed a motion to dismiss appellants’ petition, alleging, among other grounds, that appellants’ petition was time-barred under section 733.212(3), Florida Statutes, because the petition was not filed within three months of appellants receiving the Notice of Administration....

...The trial judge denied Smalls’ motion to dismiss. After the trial judge recused himself, Smalls filed a motion to vacate the order denying the motion to dismiss and for reconsideration. He again argued that appellants’ petition was time-barred under section 733.212(3)....

...n, we disagree with Murphy . Second, we find that appellants’ claims were in fact frivolous at the time they were initially filed, because they were time-barred. We need not address whether appellants’ claims were frivolous for any other reason. Section 733.212(3), Florida Statutes (2005), provides: Any interested person on whom a copy of the notice of administration was served must object to the validity of the will, the qualifications of the personal representative, venue, or jurisdiction...

...py of the notice of administration on the objecting person, or those objections are forever barred. (Emphasis added). In this case, appellants’ petition challenging the will and the qualifications of the personal representative were untimely under section 733.212(3), Florida Statutes....

...Here, the Notice of Administration was served on appellants by formal notice. Because appellants received formal notice, the five-day grace period provided by rule 5.042 was inapplicable and the three-month limitations period expired before the petition was filed. Moreover, the time period under section 733.212(8) cannot be extended absent fraud, misrepresentation, or misconduct. Cf. Hill v. Davis, 70 So.3d 572, 573-74 (Fla.2011) (holding that section 733.212(3) bars an objection to the qualifications of a personal representative, including an objection that the personal representative was never qualified to serve, if the objection is not timely filed under this statute, except where fraud...

...However, to the extent this issue turns on statutory interpretation, the standard of review is de novo. In the underlying action, appellant filed a Statement of Claim alleging he was a readily ascertainable creditor of the estate. A readily ascertainable creditor is entitled to prompt actual notice of a decedent's death. § 733.212, Fla....

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

...John Pavlick (personal representative) appeals the trial court's denial of his motion to strike and dismiss George Pavlick's (Mr. Pavlick) petition to revoke probate. The personal representative maintains that Mr. Pavlick's petition was untimely filed and barred by section 733.212, Florida Statutes (1993)....

...We agree. *158 Section 733.109(1), Florida Statutes (1993), authorizes any interested person to petition for revocation of probate at any time before the discharge of the personal representative as long as the interested person is not barred by either section 733.212 or 733.2123. The personal representative did not file his petition for administration under section 733.2123, and that statute is not applicable to this case. Section 733.212(1)(b) provides that interested persons who receive notice of the administration must file an objection challenging the validity of the will within the later of three months after the date of the first publication of the notice or thirty days after the date of service of a copy on the objecting person. 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(1)(b) by filing his initial objection before the statutory time limit expired. [1] He filed and served his petition for revocation, however, after the time period set forth in section 733.212(1)(b) expired....

...Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice. § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla....

...Stat. Definitions. ch. 48, Fla. Stat. Process and. service of process. ch. 49, Fla. Stat. Constructive service of process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...2003 Revision: Committee notes revised. 2005 Revision: Changes in subdivisions (b) and (f) to clarify service requirements, and editorial changes in (e). Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. *1184 § 733.2123, Fla....

...Disclaimer of interests in property pássing by will or intestate succession or under certain powers of appointment. § 732.901, Fla. Stat. Production of wills. § 733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2121, Fla....

...Rule 5.240. Notice of Administration (a) Service. The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative and who were not previously served under section 733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section 733.707(3), Florida Statutes and each beneficiary of the trust as defined in section 737.303(4)(b), if e...

...However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida Statutes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702, Florida Statutes....

...2002 Revision: Procedures for notifying creditors are now governed by new rule 5.241. Committee notes revised. 2003 Revision: Change in title of (a) to reflect elimination of publication of notice. Committee notes revised. 2005 Revision: Subdivision (a)(3) amended to make it consistent with 2003 change to section 733.212(l)(c), Florida Statutes, regarding when service on trust beneficiaries is required, and clarifying editorial change made in (a)....

...Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...The statement required by this rule is not intended to be jurisdictional but rather to provide evidence of satisfaction (or lack thereof) of the due process requirements. Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes....

...2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a) amended to clarify approved methods of service on creditors. Committee notes revised. Statutory References ch. 50, Fla. Stat. Legal and official advertisements. § 731.301, Fla. Stat. Notice. § 733.2121, Fla....

...nform language to section 733.109(2), Florida Statutes. Statutory References § 731.201(21), Fla. Stat. General definitions. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...This change is not intended to allow an authenticated copy of any document other than an original instrument to be filed under this rule and considered for probate. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. *1210 Statutory References § 731.201(1), Fla. Stat. General definitions. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2121, Fla....

...Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Deletion of reference to intestate estates in subdivision (a) to conform to 2001 amendments to section 734.1025, Florida Statutes. Editorial changes throughout. Statutory References § 733.2121, Fla....

...1988 Revision: Editorial changes and order of paragraphs rearranged. Committee *505 notes expanded. Citation form changes in committee notes. Statutory References F.S. 731.301 Notice; method and time; proof. F.S. 733.106 Costs and attorney fees. F.S. 733.212 Notice of administration; filing of objections and claims....

...Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.105 In rem proceeding. F.S. 731.201(16) and (20) General definitions. F.S. 731.301 Notice; method and time; proof. F.S. 733.203 Notice; when required. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.2123 Adjudication before issuance of letters....

...732.801(5) Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. F.S. 732.803 Charitable devises. F.S. 732.901 Production of wills. F.S. 733.104 Suspension of statutes of limitation in favor of the personal representative. F.S. 733.212 Notice of administration; filing of objections and claims....

...However, no opinion is offered whether such claims are barred by the provisions of F.S. 733.702. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.111 Notice of creditors F.S. 732.5165 Effect of fraud, duress, mistake, and undue influence. F.S. 733.109 Revocation of probate. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.2123 Adjudication before issuance of letters....

...Committee notes revised. 1988 Revision: Language of paragraph (b) of the rule rewritten to track the statute more closely. Committee notes expanded. Citation form change in committee notes. Statutory References F.S. 733.109 Revocation of probate. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.2123 Adjudication before issuance of letters....

...al representatives to the contrary. Paragraph (e) added to implement the procedure found in F.S. 733.-704. Editorial changes. Committee notes expanded. Citation form change in committee notes. Statutory References F.S. 731.111 Notice to creditors. F.S. 733.212 Notice of administration; filing of objections and claims....

...Furthermore, it does not appear that inadvertence or surprise in Fla.R.Civ. P. 1.540(b)(1) or matters relating to judgments in (4) and (5) of that rule have application in this context. Rule History 1988 Revision: New rule Statutory References F.S. 731.111 Notice to creditors. F.S. 733.212 Notice of administration; filing of objections and claims....

...1988 Revision: Editorial changes and order of paragraphs rearranged. Committee notes expanded. Citation form changes in committee notes. Statutory References F.S. 731.301 Notice; method and time; proof. *1269 F.S. 733.106 Costs and attorney fees. F.S. 733.212 Notice of administration; filing of objections and claims....

...Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.105 In rem proceeding. F.S. 731.201(16) and (20) General definitions. F.S. 731.301 Notice; method and time; proof. F.S. 733.203 Notice; when required. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.2123 Adjudication before issuance of letters....

...732.801(5) Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. F.S. 732.803 Charitable devises. F.S. 732.901 Production of wills. F.S. 733.104 Suspension of statutes of limitation in favor of the personal representative. F.S. 733.212 Notice of administration; filing of objections and claims....

...Statute § 733.702. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.111 Notice to creditors. F.S. 732.5165 Effect of fraud, duress, mistake, and undue influence. F.S. 733.109 Revocation of probate. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.2123 Adjudication before issuance of letters....

...Committee notes revised. 1988 Revision: Language of paragraph (b) of the rule rewritten to track the statute more closely. Committee notes expanded. Citation form change in committee notes. Statutory References F.S. 733.109. Revocation of probate. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.2123 Adjudication before issuance of letters....

...al representatives to the contrary. Paragraph (e) added to implement the procedure found in F.S. 733.-704. Editorial changes. Committee notes expanded. Citation form change in committee notes. Statutory References F.S. 731.111 Notice to creditors. F.S. 733.212 Notice of administration; filing of objections and claims....

...Furthermore, it does not appear that inadvertence, or surprise in 1.540(b)(1) or matters relating to judgments in (4) and (5) of this rule have application in this context. See the note attached to FPR 5.245. *1327 Rule History 1988 Revision: New rule. Statutory References F.S. 731.111 Notice to creditors. F.S. 733.212 Notice of administration; filing of objections and claims....

...Ch. 49, Fla. Stat. Constructive service of process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice; method and time; proof. § 733.203, Fla. Stat. Notice; when required. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla....

...Subdivision (e) amended to clarify date of filing. Editorial changes in subdivision (f). Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice; method and time; proof. § 733.203, Fla. Stat. Notice; when required. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla....

...§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. *35 § 733.101, Fla. Stat. Venue of probate proceedings. bate. o & I© 2 o s o CO 3 F OO S’ CO CO § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References ¾=⅛ 731.301, Fla.Stat. Notice; method and time; proof. 733.106, Fla.Stat. Costs and attorney fees. 733.212, Fla.Stat....

...Process and service of process. ch. 49, Fla.Stat. Constructive service of process. § 731.105, Fla.Stat. In rem proceeding. § 731.201(16^ and (20), Fla.Stat. General definitions. § 731.301, Fla.Stat. Notice; method and time; proof. § 733.203, Fla.Stat. Notice; when required. § 733.212, Fla.Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla.Stat....

...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References 731.201, Fla.Stat. General definitions. ⅛&§ 731.301, Fla.Stat. Notice-,; Mmeth-od and time; proof. § 733.203, Fla.Stat. Notice; when required. § 733.212, Fla.Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla.Stat....

...Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. F.S, 732,803 Charitable devises. ⅛⅞⅛ 732.901, Fla.Stat. Production of wills. FtSt¿ 733.104, Fla.Stat. Suspension of statutes of limitation in favor of the personal representative. ¾⅜⅞ 733.212, Fla.Stat....

...It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 731.301, Fla.Stat. Notice; method and time; proof. R§4 733.203(2), Fla.Stat. Notice; when required. § 733.212, Fla.Stat. Notice of administration; filing of objections and claims. § 733.2123 Fla.Stat....

...the estate or an order disposing of property. Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References RSr§ 731.103, Fla.Stat. Evidence as to death or status. § 733.212, Fla.Stat....

...However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida Statutes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702, Florida Statutes....

...General definitions. § 731.301, Fla.Stat. Notice; method and time; proof. § 731.302, Fla.Stat. Waiver and consent by interested person. § 732.5165, Fla.Stat. Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla.Stat. Revocation of probate. § 733.212, Fla.Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla.Stat....

...Citation form changes in committee notes. Statutory References § 731.107, Fla.Stat. Adversary proceedings. § 731.201(21), Fla.Stat. General definitions. § 732.5165, Fla.Stat. Effect of fraud, duress, mistáke, and undue influence. 733.109, Fla.Stat. Revocation of probate. ⅜⅜⅛ 733.212, Fla.Stat. Notice of administration; filing of objections and claims. ⅜⅞⅛ 733.2123, Fla.Stat....

...titioner’s and to all domiciliary personal representatives prior to entry of an order admitting the will to probate. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.111, FIa.Stat. Notice to creditors. § 733.212, Fla.Stat....

...It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.111, Fla.Stat. Notice to creditors. § 733.212, Fla.Stat....

...Florida Statutes. Editorial changes. Committee notes expanded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References 731.111, Fla.Stat. tors. Notice to eredi- 733.212, Fla.Stat....

...Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; custodytime-sharing. ch. 63, Fla. Stat. Adoption. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...Rule History 1980 Revision — 2003 Revision [No Change] 2010 Revision: Committee notes revised. *582 Statutory References § 28.222(3)(g), Fla. Stat. Clerk to be county recorder. § 382.008(6), Fla. Stat. Death and fetal death registration. § 731.103, Fla. Stat. Evidence as to death or status. § 733.2121, Fla....

...new requirements as to form of objections to will and qualifications of personal representative. Committee notes revised. Statutory References F.S. 732.5165 Effect of fraud, duress, mistake, and undue influence. F.S. 733.109 Revocation of probate. F.S. 733.212 Notice of administration; filing of objections and claims. *1093 F.S. 733.2123 Adjudication before issuance of letters....

...After the filing of a caveat by an interested person other than a creditor, the court shall not admit a will of the decedent to probate or appoint a personal representative without service of formal notice on the caveator or his designated agent according to Fla»- R.P. C.P. 5.040 and compliance with FPC 733.2123....

...of the rights of those.who, but for such will, would be entitled-to-the property disposed of thereby. Committee Notes Rule History 1984 Revision: Extensive changes. Committee notes revised. Statutory References F.S. 733.109 Revocation of probate. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.2123 Adjudication before issuance of letters....

...d desires to accept such delivery. 1984 Revision: Extensive editorial changes and requires furnishing of copy of claim to the attorney for the personal representative. Committee notes revised. Statutory References F.S. 731.111 Notice to creditors. F.S. 733.212 Notice of administration; filing of objections and claims....

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

...ed for them at the time. Subdivision (c) has been supplanted by section 737.402(2)(z), Florida Statutes (1979), that gives trustees the power to prosecute and defend actions, regardless of the conditions specified in the subdivision. The adoption of section 733.212, Florida Statutes (1979), eliminates the need for subdivision (d) because it provides an easier and less expensive method of eliminating the interests of an heir at law who is not a beneficiary under the will....

...On February 27, 1984, prior to the expiration of said twenty day period the court, ex parte, considered the petition and entered an order admitting the will to probate and appointing the personal representative and issued letters of administration. As provided in section 733.212, Florida Statutes, the personal representative filed a notice of administration requiring *1359 any objection challenging the validity of the will to be filed within three months of the first publication of the notice....

...untimely and because appellant had signed a consent that another beneficiary under the will receive an early distribution of a devise. We reverse. Section 733.109(1), Florida Statutes, provides that any interested person “except those barred under s. 733.212 or s. 733.-2123” may petition to revoke probate before final discharge of the personal representative. Section 733.212 does not bar appellant because the record on appeal does not show that he was served with a copy of the notice of administration (as distinguished from the notice of the petition for administration) as required by section 733.212(1), Florida Statutes. Section 733.2123 provides that no person served with a formal notice of a petition for administration may challenge the validity of the will “except in connection with the proceedings before issuance of letters.” Although section 733.2123 does not provide a time period within which a person served with notice of the petition for administration must act to oppose the probate and administration before the bar of that statute becomes effective, Florida Rule of Probate an...

...The twenty day answer period provided by these rules and statutes regulates procedure only and is not a statute of limitation or a period of non-claim. Feather v. Estate of Sanko, 390 So.2d 746 (Fla. 5th DCA 1980); Nardi v. Nardi, 390 So.2d 438 (Fla. 3d DCA 1980). As explained in Nardi , the optional provisions of section 733.2123, which preclude challenges to the validity of a will “except in connection with the proceedings before issuance of letters” apply only after strict adherence to all pre-conditional safeguards, particularly those in section 731.30...

...twenty days has elapsed after service of the petition for administration. Here, as in Nardi , the will was admitted to probate and letters issued before the elapse of twenty days after service of the petition for administration on appellant. Hence, section 733.2123 does not operate to bar appellant’s attack on the validity of the will....

...cking the validity of the will because it does not constitute a knowing and intentional relinquishment of his right to contest the validity of the will. See In Re Estate of Ballett, 426 So.2d 1196 (Fla. 4th DCA 1983). As long as not barred by either section 733.212 or 733.2123, any interested person is permitted by section 733.109(1) to petition for revocation of probate at any time before discharge of the personal representative....

...Section 733.705(6), Florida Statutes (1987), provides that interest is not allowable on an unliquidated claim not founded in writing until the expiration of five calendar months from the date of first publication of notice of administration. Pursuant to section 733.212, Florida Statutes (1987), a personal representative is under a statutory duty to promptly publish notice of administration....

...ry manner. 1 Our holding today is simply that a personal representative may not avoid prompt compliance in publishing notice of administration to delay payment on a valid claim or to reduce the amount of interest due on the claim. We hold that under section 733.212, “prompt notice” means that which should be accomplished by a reasonably prudent, diligent personal representative under the circumstances....

PER CURIAM. Memorial Sloan-Kettering Cancer Center [Sloan-Kettering] appeals from the trial court’s order finding that its Petition for Revocation of Probate of Codicil is barred as untimely pursuant to sections 733.212(l)(b) and (5), Florida Statutes (1995). Sloan-Kettering also appeals from a portion of that same order that found that the appellees are entitled to an award of attorney’s fees against Sloan-Kettering. We affirm, in part, and dismiss a portion of this appeal for lack of jurisdiction. Section 733.212(3), Florida Statutes (1995), requires the personal representative to serve a copy of the Notice of Administration on certain individuals, including beneficiaries such as Sloan-Kettering “in a manner provided for service of formal no...

...Kettering and a Sloan-Kettering employee signed a receipt acknowledging that the certified letter was received. Therefore, since Sloan-Kettering did not file its Petition for Revocation of Probate of Codicil within the time period stated in sections 733.212(l)(b) and (5), Florida Statutes (1995), the trial court correctly found that the petition is barred as untimely....

published a notice of administration pursuant to section 733.-212, Florida Statutes (1987). On March 3, 1988

...time to file her claim against the estate. We affirm. Foster contends that Cianci’s personal injury action, about which he had timely knowledge, constitutes a contingent claim and therefore Cianci was not entitled to creditor notice as provided by section 733.212, Florida Statutes (1999)....

...ents of due process mandate actual notice to nonconjeetural claimants). Cianci therefore contends that the trial judge was correct in granting her an extension for the filing of her claim inasmuch as this is one of the statutory relief provisions in section 733.212, Florida Statutes (1999)....

...cement of the action. We therefore conclude that Cianci’s tort cause of action was not a contingent claim so as to relieve Foster of the responsibility of giving Cianci actual notice of the necessity of filing her claim. See Fla. Probate R. 5.240; § 733.212(4)(a), Fla....

...The amendment to rule 5.240(a)(3) changes the reference to subsection (14) of section 736.0103 to subsection (16). See ch.2013-172, §§ 9, 17, Laws of Fla. (redesignating subsection (14) of section 736.0103, Fla. Stat. (2012), defining “qualified beneficiary,” subsection (16); amending § 733.212(l)(c), Fla....

...APPENDIX RULE 5.240. NOTICE OF ADMINISTRATION (a) Service. The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative and who were not previously served under section 733.2128, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section 733.707(3), Florida Statutes and each qualified beneficiary of the trust as defined in section 736.0103(...

...- 13 - 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 section 733.212(3), Florida Statutes, 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 afte...

...Committee Notes Rule History 1977 Revision – 2015 Revision [No Change] 2019 Revision: For clarity purposes, subdivisions (b)(2), (b)(3), (b)(4), and (b)(5) amended for consistency with section 733.212, Florida Statutes, relating to the contents of a notice of administration....

...Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...provisions of the testamentary trust are contrary to public policy pursuant to section 736.0404, Florida Statutes (2021). Because we determine that Appellant’s amended petition did not amount to a challenge of the validity of the will within the meaning of section 733.212(3), Florida Statutes (2021), we reverse and remand for further proceedings....

...under section 736.0201(4)(a), relating to the same conditions discussed in Count 1. Appellees moved to strike Appellant’s amended petition arguing that where Appellant’s amended petition challenged the validity of the will, the challenge was untimely pursuant to section 733.212(3) because it was not filed within three months of his receipt of the notice of administration. Appellees argued that while the amended petition included reference to construction of provisions of the Trust, the crux of the petition sought to declare specific provisions of the will invalid....

...petition sought to attack the validity of the will, and argued that, instead, the amended petition sought construction and a declaration of whether certain will provisions should be given legal effect, such that the timeliness of the petition was not subject to the limitations of section 733.212(3). However, the probate court granted Appellees’ motion and dismissed Appellant’s amended petition as untimely pursuant to section 733.212(3). Following the denial of his motion for rehearing, Appellant gave notice of appeal. Appellate Analysis On appeal, Appellant contends the lower court erroneously treated his construction or declaration action as a will contest and held Appellant to the time limitation for an interested person to object to the validity of a will, as set forth in section 733.212(3)....

...attempted to appoint the assets in such a way that those assets could be used to pay the creditors of the decedent’s estate, contrary to the provisions of the trust. Id. The personal representatives argued the brother’s claim was untimely under section 733.212(3)....

...Ultimately, the trial court ruled that the brother’s challenge to the validity of the will was time-barred. Id. at 524. On appeal, however, we concluded that the brother’s claim “was not a challenge to the validity of the will within the meaning of section 733.212(3).” Id....

...“Thereafter, the contestant shall have the burden of establishing the grounds 5  on which the probate of the will is opposed or revocation is sought.” Id. (emphasis added). Consistent with section 733.107, section 733.212(3), Florida Statutes (2018), provides that [a]ny 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...

...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. (emphasis added). Section 733.212(3)’s use of the term “validity of the will” relates back to the use of the same term in section 733.107, so it pertains to the admission of a will to probate or a revocation of probate....

...Here, Tendler challenges not the validity of the will but the effectiveness of the Decedent’s attempted exercise of the Rison Trust’s limited power of appointment in article 4 of the will. Tendler’s challenge is outside of the three specific issues covered by section 733.212(3)....

...mpted exercise of the [trust’s] power of appointment required the probate court to construe” that provision of the will in conjunction with the trust, but that “[t]his was not a challenge to the ‘validity of the will’ within the meaning of section 733.212(3).” Id. Applying our analysis in Tendler, Appellant’s petition in this case likewise did not challenge the “validity of the will” within the meaning of section 733.212(3)....

...condition regarding his marriage. However, pursuant to Tendler, such a challenge in Appellant’s petition to “all or part of the testamentary trust” created by the will did not amount to a challenge to the “validity of the will” as used in section 733.212(3), which Tendler explains refers to the technical requirements for a will to be probated. 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)....

...interested person in proceedings to revoke the probate of a will although there is authority, under the former probate law, that an executor of an earlier will does not necessarily have standing to apply for revocation of probate of a later will. 1 Section 733.212, Florida Statutes (1989), provides that an “interested person” may file an objection to a notice of administration, challenging the validity of a will....

...2002 Revision: Replaces “homestead” with “protected homestead” in (a)(7) to conform to addition of term in section 731.201(29), Florida Statutes. Committee notes revised. Statutory References § 731.103, Fla. Stat. Evidence as to death or status. § 733.212, Fla....

...After-issuance of-lette-rs^tThe personal representative shall publish a notice of administration- and promptly serve a copy of the notice of administration in-the manner provided for formal- notice in these rules on the following persons who are known to the personal representative and who were not previously served under section 733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries whe-have not been barred by law; and (3) thea trustee of any trust described in section 733.707(3), Florida Statutes^-; and (4) persons who may be entitl...

...However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida Statutes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702, Florida Statutes....

...§ 731.301, Fla. Stat. Notice; — method and time;. proof. § 731.302, Fla. Stat. Waiver and consent by interested person. *858 § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla....

...The statement required by this rule is not intended to be jurisdictional but rather to provide evidence of satisfaction (or lack thereof) of the due process requirements. Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes. Statutory References § 731.301, Fla. Stat. Notice. § 733.2121, Fla....

...tioner. The petition only refers to appellees as petitioners. Cammarata’s signature here is meaningless. We are of the opinion that since Cammarata is not a petitioner and she is unquestionably an interested person, she is entitled to notice under section 733.212 or 733.2123, Florida Statutes (1987), if the time for her to object to the proceedings is to be shortened....

...The court’s order substituting Delores as personal representative and an order authorizing American to file a second amended complaint were entered on June 1,1981. It is alleged Delores, as personal representative of Verus’s estate, first published a notice of administration on June 12, 1981. See § 733.212, Fla.Stat....

not notified of the death or the probate. Section 733.212(3), however, does not require notice to be

...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice, — method and time;-proof. § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla....

...49, Fla. Stat. Constructive service of process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice; — method and time; proof. § 733.203, Flar-Stat. Notice; when-required-T § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla....

...Editorial changes in subdivision (f). 2003 Revision: Committee notes revised. Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice; — method and time; proof. § 733.203, Fla. Stat. Notice; when-re-quiredT § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla....

...Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. § 732.901, Fla. Stat. Production of wills. § 733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2121, Fla....

...1992 Revision: Committee notes revised. Citation form changes in committee notes. 2000 Revision: Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice; — method and time; proof. § 733.203(2), Fla. Stat. Notice; when required. § 733.212, Fla. Stat. Notice of administration; filing of objections and — e-kims. § 733.2123, Fla....

...2003 Revision: Revises subdivision (a)(1) to change notice of administration to notice to creditors. Deletes subdivision (a)(3) referring to family administration, and renumbers subsequent subdivisions. Committee notes revised. Statutory References § 731.103, Fla. Stat. Evidence as to death or status. § 733.212, Fla — Stat.-Notice of administration; filing of-ohjectionfe § 733.2121, Fla....

...NOTICE OF ADMINISTRATION (a) Publication and Service. The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative and who were not previously served under section 733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section 733.707(3), Florida Statutes; and (4)persons who may be entitled to exempt property in the manner provided for service of formal notice....

...However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida Statutes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702, Florida Statutes....

...Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...The statement required by this rule is not intended to be jurisdictional but rather to provide evidence of satisfaction (or lack thereof) of the due process requirements. Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes. 2003 Revision: Committee notes revised. Statutory References ch. 50, Fla. Stat. Legal and official advertisements. § 731.301, Fla. Stat. Notice. § 733.2121, Fla....

...2003 Revision: Committee notes revised. Statutory References § 731.107, Fla. Stat. Adversary proceedings. § 731.201(21), Fla. Stat. General definitions. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections — and claims. § 733.2123, Fla....

...This change is not intended to allow an authenticated copy of any document other than an original instrument to be filed under this rule and considered for probate. 2003 Revision: Committee notes revised. Statutory References § 731.111, Fla. Stat. Notice to creditors. § 733.212, Fla. Stat. Notice of administration; filing of objections- and claims. § 733.2121, Fla....

...It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.111, Fla. Stat. Notice to creditors. § 733.212, Fla. Stat. Notice of administration; — filing of objections -and claims. § 733.2121, Fla....

...Citation form changes in committee notes. 1999 Revision: Reference to repealed rule deleted from committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.104, Fla. Stat. Verification of documents. § 731.111, Fla. Stah-N-etiee to creditors- § 733.212, Fla.-Stah-N-otiee of administration; — filing of— objections and claims- § 733.2121, Fla....

...Burden of proof in contests; presumption of undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. Discovery of later will. § 733.212, Fla....

admitted to probate ten days later. Pursuant to Section 733.212(1), Florida Statutes (1975), the personal representative

...uired to be represented by an attorney in some instances. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.301, Fla. Stat. Notice. § 733.106, Fla. Stat. Costs and attorneys fees. § 733.212, Fla....

...§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.105, Fla. Stat. In rem proceeding. § 731.201(18), (22), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; custody. ch. 63, Fla. Stat. Adoption. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. § 732.901, Fla. Stat. Production of wills. § 733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2121, Fla....

PER CURIAM. Appellant, Josephine M. Hyland a/k/a Joy Maria Assenheimer, appeals an order from the probate court dismissing her petition for revocation of probate for failure to file a statement of claim pursuant to section 733.212(l)(b), Florida Statutes....

...odicils. In response, appellees filed a petition to dismiss the petition for revocation of will, asserting that appellant’s petition for revocation was untimely due to her failure to file a statement of claim in accordance with the requirements of section 733.212(l)(b), Florida Statutes....

...claim in determining that appellant’s claim was untimely. At the hearing on the petition to dismiss the petition for revocation, appellant introduced the statements of claim and invited the court to consider them in deciding that she complied with section 733.212, Florida Statutes. Furthermore, appellant’s petition specifically alleged that “[tjimely objection was made herein pursuant to section 733.212(l)(b), Fla....

...filed in underlying action where complaint made specific reference to these documents and duty to defend depended solely upon allegations in complaint filed against insured). We agree, however, with appellant’s argument that she was not barred by section 733.212 from challenging the validity of the will. Appellant claims that the time period provided in 733.212 does not apply to her because she did not receive a notice of administration with respect to admission to probate of the codicils....

...According to appellant, the admission of the later-discovered codicils was tantamount to the admission of a new will, which required new letters of administration and a new notice of administration. Without a new notice of administration, the three-month limitation period of section 733.212(l)(b) did not apply, and Florida Statutes section 733.109(1) permitted a petition for revocation to be filed at any time prior to the discharge of the personal representatives....

...(emphasis supplied). If a codicil is discovered during the pendency of the administration, “any interested person may offer the later will for probate. The proceedings shall be similar to those for revocation of probate.” § 733.208, Fla. Stat. Section 733.212 requires that the personal representative publish a notice of administration....

...ested person on whom notice was served that challenges the validity of the will ... within the later of 3 months after the date of the first publication of the notice or 30 days after the service of the copy of the notice on the objecting person.” § 733.212(b), 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.” In response to the amendment to section 733.212(2)(b), in 2011, the FPR Committee proposed a fast-track out-of-cycle amendment to Florida Probate Rule 5.240(b)(2) that, consistent with the statute, requires a notice of estate administration to include a statement that “the fid...

within the initial statutory period provided by section 733.-212(3), Florida Statutes: Objections under paragraph

was created to conform to an amendment to section 733.212, Florida Statutes, that requires the Notice

...This was error. Humana should not be penalized for failing to file its claim against the estate in a timely fashion, as it was the estate that ultimately conceded that it never served Huma-na with a notice of administration, an essential due process requirement. Section 733.212(4)(a), Florida Statutes (1993), provides: The personal representative shall promptly make' a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and shall serve on those creditors a copy of the notice.......

...Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice. § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla....

...Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. § 731.105, Fla. Stat. In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...2005 Revision: Changes in subdivisions (b) and (f) to clarify service requirements, and editorial changes in (e). 2006 Revision: Committee notes revised. Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...ed by reference into a will. (c)-(e) [NO CHANGE] Committee Notes Rule History 1977-2019 [NO CHANGE] 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. Statutory References [NO CHANGE] Rule References [NO CHANGE] RULE 5.425....

...Tendler accepted the will as valid and entitled to probate. Rather, Tendler focused on the propriety of a disposition of assets of a trust by a provision in the will, so his objection fell outside of the scope of the three-month limitation period provided in section 733.212(3), Florida Statutes (2018). Facts Tendler and the decedent, Richard Tendler (the “Decedent”) were brothers....

...that Tendler’s claim was untimely because it was not filed within three months of receipt of the Notice of Administration. The Competing Motions for Summary Judgment The PRs moved for summary judgment on the timeliness of Tendler’s pleading, relying on section 733.212(3), Florida Statutes (2018). Tendler moved for final summary judgment in his favor....

...filed no later than April 29, 2019.” The court ruled that Tendler first challenged the validity of the will on October 30, 2019, when he filed his Answer and Affirmative Defenses to the Petition for Instruction, so his challenge was time-barred by section 733.212(3). Tendler’s Challenge to the Decedent’s Attempted Exercise of the Limited Power of Appointment Was Not a Challenge to the Validity of the Decedent’s Will Within the Meaning of Section 733.212(3), Florida Statutes (2018) 1Tendler’s motion for final summary judgment was still pending when the trial court ruled in favor of the PRs’ motion for summary judgment. 4  We conclude that Tendler’s Amended Answer and Affirmative Defenses was not a challenge to the validity of the will within the meaning of section 733.212(3)....

...attestation.” § 733.107(1), Fla. Stat. (2018) (emphasis added). “Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought.” Id. (emphasis added). Consistent with section 733.107, section 733.212(3), Florida Statutes (2018), provides that [a]ny 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 fil...

...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. 5 (emphasis added). Section 733.212(3)’s use of the term “validity of the will” relates back to the use of the same term in section 733.107, so it pertains to the admission of a will to probate or a revocation of probate. Here, Tendler challenges not the validity of the will but the effectiveness of the Decedent’s attempted exercise of the Rison Trust’s limited power of appointment in article 4 of the will. Tendler’s challenge is outside of the three specific issues covered by section 733.212(3)....

...jurisdiction for construction”). Lowy v. Roberts, 453 So. 2d 886 (Fla. 3d DCA 1984), supports Tendler’s proposition that an action seeking construction of a will provision is not a challenge to the validity of a will and is therefore not time-barred by section 733.212(3). In Lowy, a widow “commenced proceedings which sought to demonstrate that the first four pages of the probated document ....

...The petition was filed more than one year after her husband’s purported six-page will was admitted to probate. Id. The Third District reversed the dismissal of the petition, reasoning that “the petition for the reconstruction of the will” was not time-barred by section 733.212 because the widow’s petition “presupposes that the ....

...exercise of the Rison Trust’s power of appointment requires the court to construe article 4 of the will as well as provisions of the Rison Trust and the Tendler Trust. This was not a challenge to the “validity of the will” within the meaning of section 733.212(3), so the circuit court erred in dismissing Tendler’s response to the PRs’ petition as time-barred. Finally, this case concerns the obligation of the Rison trustee in light of the will’s exercise of the limited power of appointment contained in the Rison Trust....

...- 14 - 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 section 733.212(3), Florida Statutes, 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 afte...

...Committee Notes Rule History 1977 Revision – 2015 Revision [No Change] 2019 Revision: For clarity purposes, subdivisions (b)(2), (b)(3), (b)(4), and (b)(5) amended for consistency with section 733.212, Florida Statutes, relating to the contents of a notice of administration....

...Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla....

...Const. qualifications of the personal representative, the venue, or the court’s jurisdiction within the time required by law, or those objections will be forever barred. The rule is amended to delete the phrase “the qualifications of the personal representative.” See ch. 2015-27, § 2, Laws of Fla. (amending section 733.212, Florida Statutes, to delete the phrase “the qualifications of the personal representative”)....

...Additionally, we add new language providing that the three-month period may only be extended for estoppel based on a misstatement by the personal representative as to the time period to file the objection, and not for any other reason. Unless sooner barred by section 733.212(3), Florida Statutes, any objections to the validity of a will, venue, or jurisdiction must be filed no later than the entry of an order of final discharge of the personal representative, or one year after service of the Notice of Administration, whichever date occurs earlier....

...NOTICE OF ADMINISTRATION (a) Service. The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative and who were not previously served under section 733.2123, Florida Statutes: (1) – (2) [No Change] (3) a trustee of any trust described in section 733.707(3), Florida Statutes, and each qualified beneficiary of the trust as defined in section 736.0103(16),...

...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 section 733.212(3), Florida Statutes, all objections to the validity of a will, venue, or the jurisdiction of the court must be -7- filed no later than the earlier of the entry of an order of final dischar...

...Civil Procedure. (e) [No Change] Committee Notes Rule History 1977 – 2013 Revisions [No Change] 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. Statutory References [No Change] Rule References [No Change] RULE 5.310....

...The trial court ordered the partition action stayed to provide Mary with an opportunity to re-open Administration and have her rights to the subject property recognized. The lower court found that David, as the personal representative, failed to comply with Florida Statutes, section 733.212(1)(b)(2008), where David neglected to provide Mary with notice of the original Order of Summary Administration or with notice that she was a beneficiary under Adolph's Will....

...On December 5, 1977, appellant filed a petition for revocation of probate of the will. The circuit judge dismissed appellant’s petition for revocation because it was filed more than 90 days after the first publication of the notice of administration in violation of Section 733.212(1)(b), Florida Statutes....

...Appellant Guth asks this court to find that the trial court erred in holding that his caveat was untimely filed. In the alternative, he argues that in the interest of justice his petition for revocation of probate should be construed as a timely objection challenging the validity of the will pursuant to Section 733.212(1)(b), Florida Statutes....

...of appeal. The trial judge found specifically that the caveat was filed after he signed the order admitting the will to probate and we will not disturb that holding. We do, however, agree with appellant that he has complied with the requirements of Section 733.212(1)(b) by filing a document entitled Motion to Reconsider, clearly stating his interest in the estate and specifically challenging the validity of his father’s will....

...reverse. On count II, the trial court ruled that the personal representative “breached his duty, as a fiduciary, to [Isler] and failed to act in good faith in failing to acknowledge [Isler’s] claim and to provide [Isler] with prompt notice under § 733.212(4)(a), Florida Statute.” 1 On the record before us, we hold that neither of these acts gives rise to a claim for damages under section 733.609, Florida Statutes (1993), which provides: If the exercise of power concerning the estate is im...

...In fact, where there is some basis for an objection, as there was in this case, a failure to object could give rise to a breach of fiduciary duty claim by the beneficiaries. Second, as to the trial court’s finding regarding the failure to provide prompt notice under § 733.212(4)(a), the personal representative testified that he did not serve Isler with a notice of administration because he was concerned that Isler was not an ascertainable creditor....

...iary duty, we also reverse the remaining provisions of the final judgment pertaining to damages and attor *757 ney’s fees with respect to count II. 2 Affirmed in part and reversed in part. SCHOONOVER, A.C.J., and FULMER and WHATLEY, JJ., concur. . Section 733.212(4)(a), provides, in pertinent part: The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and shall serve on those creditor...

...dale, for appellee. KLINGENSMITH, J. Appellant, Karen Winslow, appeals the trial court’s order dismissing her counterpetition for administration with prejudice for failure to file a pleading satisfying the statutory requirements set forth in section 733.212(3), Florida Statutes (2013), within the applicable statute of limitations....

...or alternatively, grant the motion but with leave to amend the counterpetition. 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....

...4th DCA 2014) (quoting Abele v. Sawyer, 750 So. 2d 70, 74 (Fla. 4th DCA 1999)); see also Fla. R. Civ. P. 1.130(b) (“Any exhibit attached to a pleading shall be considered a part thereof for all purposes.”). 2  Pursuant to section 733.212(3), interested parties are barred from requesting the court to revoke the probate of a will if they fail to object to the validity of the will within three months of receiving notice: Any interested person on whom a copy of...

...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. § 733.212(3), Fla....

...independent personal representative be appointed. Thus, as it is clear from the allegations contained in these filings that appellant sought to revoke the probate of the first will and admit the second will, appellant satisfied both sections 733.208 and 733.212(3) despite technically failing to properly request relief. See Fla. Prob. R. 5.020(a). Further, by finding that appellant’s pleadings were insufficient under section 733.212(3), the court should have granted the motion to dismiss but with leave to amend the counterpetition to incorporate a proper request for relief....

...appellant’s request for leave to amend her counterpetition to incorporate a proper request for relief. Because appellant filed the original counterpetition within three months after receiving notice of the administration of the decedent’s estate, she is not time-barred by section 733.212(3) since her amended counterpetition will relate back to the date she filed the original....

...4th DCA 1990)(holding the trial court did not abuse its discretion in striking untimely claim against the estate). North County argues it was entitled to actual notice of administration because the personal representatives had actual knowledge of its claim. We agree. Section 733.212(4)(a), Florida Statutes, provides that a personal representative is required to “promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and shall serve on those creditors a copy of the notice within three months after the first publication of the notice.” § 733.212(4)(a), Fla....

...Consequently, we hold the trial court abused its discretion in striking North County’s claim for being untimely filed. In this regard, while North County may have stipulated its claim was contingent, the only contingency was its winning the pending lawsuit. While actual notice under section 733.212(4)(a) is owed only to ascertainable creditors, not to contingent or conjectural claimants, Haig, 694 So.2d at 771 , the events that allegedly establish North County’s claim of liability have already occurred....

the administration of the decedent’s estate. Section 733.212(4)(a), Florida Statutes, provides that a personal