Florida Statutes

Fla. Stat. § 733.212 (2025)

Notice of administration; filing of objections.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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733.212 Notice of administration; filing of objections.—

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

(a) The decedent’s surviving spouse;

(b) Beneficiaries;

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

(d) Persons who may be entitled to exempt property

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

(2) The notice shall state:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Note.—Created from former s. 732.28.

Notes of Decisions

Cited in 85 cases (5 in the last 5 years), 1977–2024 · leading case: Hill v. Davis, 70 So. 3d 572 (Fla. 2011).

Sort: Relevance Newest Treatment

Hill v. Davis, 70 So. 3d 572 (Fla. 2011). · cites it 35× “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).”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 20× “§ 733.212, Fla. Stat. Notice of administration; filing of objections and claims.”

Spohr v. Berryman, 589 So. 2d 225 (Fla. 1991). · cites it 5× “Section 733.212 reads, in pertinent part: 733.”

Maxfield v. Terry, 885 S.W.2d 216 (Tex. App. 1994). · cites it 7× “FlaStat.Ann. § 733.212(3) (West Supp.1994).”

Miller v. Est. of Baer, 837 So. 2d 448 (Fla. 4th DCA 2002). · cites it 6× “[2] Effective January 1, 2002, section 733.212 was re-written and section 733.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 7× “F.S. 733.212 Notice of administration; filing of objections and claims.”

Strulowitz v. Cadle Co.. II, Inc., 839 So. 2d 876 (Fla. 4th DCA 2003). · cites it 4× “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…”

Morgenthau v. Est. of Andzel, 26 So. 3d 628 (Fla. 1st DCA 2009). · cites it 2× “§ 733.212, Fla. Stat. (2007). Section 733.”

In Re Est. of Ortolano, 766 So. 2d 330 (Fla. 4th DCA 2000). · cites it 5× “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…”

Shuck v. Smalls, 101 So. 3d 924 (Fla. 4th DCA 2012). · cites it 9× “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…”

Nardi v. Nardi, 390 So. 2d 438 (Fla. 3d DCA 1980). · cites it 4× “Shortly thereafter, a notice of administration was duly published as provided by Section 733.212, Florida Statutes (1979).”

Wehrheim v. Golden Pond Assisted Living, 905 So. 2d 1002 (Fla. 5th DCA 2005). · cites it 2× “(2003) ("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 of the court by filing a petition or other pleading requesting relief in…”

Show all 85 citing cases →

— 733.212(1) — 6 cases

Spohr v. Berryman, 589 So. 2d 225 (Fla. 1991). “Section 733.212 reads, in pertinent part: 733.”

Miller v. Est. of Baer, 837 So. 2d 448 (Fla. 4th DCA 2002). “[2] Effective January 1, 2002, section 733.212 was re-written and section 733.”

Cason Ex Rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005).

In the Matter of Jama, 436 F. Supp. 963 (M.D. Fla. 1977).

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

— 733.212(1)(a) — 2 cases

Spohr v. Berryman, 589 So. 2d 225 (Fla. 1991). “Section 733.212 reads, in pertinent part: 733.”

Markham v. Moriarty, 575 So. 2d 1307 (Fla. 4th DCA 1991).

— 733.212(1)(b) — 4 cases

In Re Est. of Ballett, 426 So. 2d 1196 (Fla. 4th DCA 1983).

All Child.'s Hosp., Inc. v. Owens, 754 So. 2d 802 (Fla. 2d DCA 2000).

Guth v. Howard, 374 So. 2d 1098 (Fla. 2d DCA 1979).

In Re Est. of Pavlick, 697 So. 2d 157 (Fla. 2d DCA 1996).

— 733.212(1)(c) — 1 case

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007).

— 733.212(2) — 1 case

Cason Ex Rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005).

— 733.212(2)(b) — 1 case

In Re: Amendments to the Florida Evidence Code - 2017 Out-of-Cycle Report (Fla. 2018).

— 733.212(3) — 23 cases

Hill v. Davis, 70 So. 3d 572 (Fla. 2011). “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).”

Wehrheim v. Golden Pond Assisted Living, 905 So. 2d 1002 (Fla. 5th DCA 2005). “(2003) ("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 of the court by filing a petition or other pleading requesting relief in…”

Shuck v. Smalls, 101 So. 3d 924 (Fla. 4th DCA 2012). “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…”

Hill v. Davis, 31 So. 3d 921 (Fla. 1st DCA 2010).

Maxfield v. Terry, 885 S.W.2d 216 (Tex. App. 1994). “FlaStat.Ann. § 733.212(3) (West Supp.1994).”

— 733.212(3)(c) — 2 cases

In Re Est. of Clibbon, 735 So. 2d 487 (Fla. 4th DCA 1998).

Tillman v. Clibbon, 735 So. 2d 487 (Fla. 2d DCA 1998).

— 733.212(4)(a) — 11 cases

Strulowitz v. Cadle Co.. II, Inc., 839 So. 2d 876 (Fla. 4th DCA 2003). “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…”

In Re Est. of Ortolano, 766 So. 2d 330 (Fla. 4th DCA 2000). “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…”

Miller v. Est. of Baer, 837 So. 2d 448 (Fla. 4th DCA 2002). “[2] Effective January 1, 2002, section 733.212 was re-written and section 733.”

Am. & Foreign Ins. Co. v. Dimson, 645 So. 2d 45 (Fla. 4th DCA 1994).

In Re Est. of Puzzo, 637 So. 2d 26 (Fla. 4th DCA 1994).

— 733.212(5) — 4 cases

Maxfield v. Terry, 885 S.W.2d 216 (Tex. App. 1994). “FlaStat.Ann. § 733.212(3) (West Supp.1994).”

Rogers v. Rogers, 688 So. 2d 421 (Fla. 3d DCA 1997).

All Child.'s Hosp., Inc. v. Owens, 754 So. 2d 802 (Fla. 2d DCA 2000).

In Re Est. of Pavlick, 697 So. 2d 157 (Fla. 2d DCA 1996).

— 733.212(8) — 1 case

— 733.212(B) — 1 case

— 733.212(a) — 1 case

Longmire v. Est. of Ruffin, 909 So. 2d 443 (Fla. 4th DCA 2005).

— 733.212(b) — 1 case

Hyland v. DiPietro, 748 So. 2d 1086 (Fla. 4th DCA 2000).

— 733.212(l)(b) — 2 cases

Maxfield v. Terry, 885 S.W.2d 216 (Tex. App. 1994). “FlaStat.Ann. § 733.212(3) (West Supp.1994).”

Hyland v. DiPietro, 748 So. 2d 1086 (Fla. 4th DCA 2000).

— 733.212(l)(b)(2008) — 1 case

Chin v. Est. of Chin, 15 So. 3d 894 (Fla. 3d DCA 2009).

— 733.212(l)(c) — 2 cases

In re Amendments to the Florida Prob. Rules, 131 So. 3d 717 (Fla. 2013).

In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005).

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