Florida Statute 733.2121 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.2121

733.2121 Notice to creditors; filing of claims.—

(1) Unless creditors’ claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative’s attorney, and the date of first publication. The notice shall state that creditors must file claims against the estate with the court during the time periods set forth in s. 733.702, or be forever barred. The notice shall state that a 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 a creditor as specified under s. 732.2211.

(2) Publication shall be once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered or, if there is no newspaper published in the county, in a newspaper of general circulation in that county.

(3)(a) 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. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part, whose claim has been paid in full, or whose claim is listed in a personal representative’s timely filed proof of claim.

(b) The personal representative is not individually liable to any person for giving notice under this section, even if it is later determined that notice was not required. The service of notice to creditors in accordance with this section shall not be construed as admitting the validity or enforceability of a claim.

(c) 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.

(d) If a decedent at the time of death was 55 years of age or older, the personal representative shall promptly serve a copy of the notice to creditors and provide a copy of the death certificate on the Agency for Health Care Administration within 3 months after the first publication of the notice to creditors, unless the agency has already filed a statement of claim in the estate proceedings.

(e) The personal representative may serve a notice to creditors on the Department of Revenue only when the Department of Revenue is determined to be a creditor under paragraph (a).

(4) Claims are barred as provided in ss. 733.702 and 733.710.

History.—s. 95, ch. 2001-226; s. 9, ch. 2003-154; s. 4, ch. 2005-140; s. 49, ch. 2017-36; s. 12, ch. 2024-238.

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Amendments to 733.2121

Arrestable Offenses / Crimes under Fla. Stat. 733.2121

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.2121.

Annotations, Discussions, Cases:

Cases Citing Statute 733.2121

Total Results: 20

Grant, Grant v. Kunke Pr

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: of the estate of Elizabeth Kunke under section 733.2121(3)(a), Florida Statutes (2020), and requiring

In Re: Amendments to Florida Probate Rules - 2024 Legislation

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

Snippet: created to conform to an amendment to section 733.2121, Florida Statutes, which requires the notice to

MARGARETT FIELDS v. ESTATE OF IVA LEE FORD, A/K/A IVA LEE FORD, SR.

Court: District Court of Appeal of Florida | Date Filed: 2024-06-07

Snippet: in alleged violation of his duty under section 733.2121, Florida Statutes, did not serve her with a copy

Reyes v. Infinity Indemnity Insurance Co.

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

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

Estate of Arroyo v. Infinity Indemnity Insurance Co.

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

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

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

Richard and Chernecky v. Richard

Court: District Court of Appeal of Florida | Date Filed: 2016-05-04

Citation: 193 So. 3d 964, 2016 WL 2340787, 2016 Fla. App. LEXIS 6747

Snippet: publish the • notice promptly. See § 733.2121(1), Fla. Stat. (2012). Thus, to the extent Karen’s

Soriano v. Estate of Manes

Court: District Court of Appeal of Florida | Date Filed: 2015-10-14

Citation: 177 So. 3d 677, 2015 Fla. App. LEXIS 15196, 2015 WL 5965203

Snippet: period.” Id. Pursuant to section 733.2121, Florida Statutes (2013), the personal representative

Carol Ann Jones v. Edward I. Goden, etc.

Court: Supreme Court of Florida | Date Filed: 2015-10-01

Citation: 176 So. 3d 242, 40 Fla. L. Weekly Supp. 517, 2015 Fla. LEXIS 2153, 2015 Fla. App. LEXIS 14652, 2015 WL 5727788

Snippet: creditors was published as required by section 733.2121, Florida Statutes (2006), but neither Harry’s

Souder v. Malone

Court: District Court of Appeal of Florida | Date Filed: 2014-08-01

Citation: 143 So. 3d 486, 2014 Fla. App. LEXIS 11760, 2014 WL 3756356

Snippet: estate eight days later. In accordance with section 733.2121(1) and (2), Florida Statutes (2011),1 a notice

Golden v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2013-10-30

Citation: 126 So. 3d 390, 2013 WL 5810360, 2013 Fla. App. LEXIS 17204

Snippet: See, 79 So.3d 1, 8 (Fla.2012). Under section 733.2121(3)(a), Florida Statutes (2006), the personal representative

Lubee v. Adams

Court: District Court of Appeal of Florida | Date Filed: 2012-01-20

Citation: 77 So. 3d 882, 2012 Fla. App. LEXIS 684, 2012 WL 163911

Snippet: creditors pursuant to sections 733.702(1) and 733.2121(3)(a). However, Mr. Lubee contends that because

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2010-09-02

Citation: 50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Snippet: Fla. Stat. Evidence as to death or status. § 733.2121, Fla. Stat. Notice to creditors; filing of claims

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims

In Re Amendments to the Fl. Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Snippet: inclusion of a similar requirement in section 733.2121(3)(d), Florida Statutes (2006). See ch. 2005-140

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-07-05

Citation: 959 So. 2d 1170, 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256

Snippet: implement procedures consistent with new section 733.2121, Florida Statutes. 2003 Revision: Committee notes

Faerber v. DG

Court: District Court of Appeal of Florida | Date Filed: 2006-05-17

Citation: 928 So. 2d 517, 2006 WL 1328829

Snippet: notice of the claims period. Pursuant to section 733.2121, Florida Statutes (2004), a personal representative

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2005-09-29

Citation: 912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Snippet: Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: administration; filing of objections and claims. § 733.2121, Fla. Stat. Notice to creditors; filing of claims

Miller v. Estate of Baer

Court: District Court of Appeal of Florida | Date Filed: 2002-12-11

Citation: 837 So. 2d 448, 2002 WL 31757512

Snippet: re-written and section 733.2121, Florida Statutes was added. Section 733.2121(3)(a) provides: The personal

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2002-05-02

Citation: 824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Snippet: section 733.2121, Florida Statutes. Statutory References § 731.301, Fla. Stat. Notice. § 733.2121, Fla