733.702
Limitations on presentation of claims.
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733.702 Limitations on presentation of claims.—
(1) If not barred by s. 733.710, no claim or demand against the decedent’s estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, even if the claims are unmatured, contingent, or unliquidated; no claim for funeral or burial expenses; no claim for personal property in the possession of the personal representative; and no claim for damages, including, but not limited to, an action founded on fraud or another wrongful act or omission of the decedent, is binding on the estate, on the personal representative, or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor, even though the personal representative has recognized the claim or demand by paying a part of it or interest on it or otherwise. The personal representative may settle in full any claim without the necessity of the claim being filed when the settlement has been approved by the interested persons.
(2) No cause of action, including, but not limited to, an action founded upon fraud or other wrongful act or omission, shall survive the death of the person against whom the claim may be made, whether or not an action is pending at the death of the person, unless a claim is filed within the time periods set forth in this part.
(3) Any claim not timely filed as provided in this section is barred even though no objection to the claim is filed unless the court extends the time in which the claim may be filed. An extension may be granted only upon grounds of fraud, estoppel, or insufficient notice of the claims period. No independent action or declaratory action may be brought upon a claim which was not timely filed unless an extension has been granted by the court. If the personal representative or any other interested person serves on the creditor a notice to file a petition for an extension, the creditor shall be limited to a period of 30 days from the date of service of the notice in which to file a petition for extension.
(4) Nothing in this section affects or prevents:
(a) A proceeding to enforce any mortgage, security interest, or other lien on property of the decedent.
(b) To the limits of casualty insurance protection only, any proceeding to establish liability that is protected by the casualty insurance.
(c) The filing of a cross-claim or counterclaim against the estate in an action instituted by the estate; however, no recovery on a cross-claim or counterclaim shall exceed the estate’s recovery in that action.
(5) Nothing in this section shall extend the limitations period set forth in s. 733.710.
History.—s. 1, ch. 74-106; s. 84, ch. 75-220; s. 2, ch. 80-127; s. 4, ch. 81-27; s. 160, ch. 83-216; s. 5, ch. 84-106; s. 4, ch. 85-79; s. 6, ch. 88-340; s. 5, ch. 89-340; s. 4, ch. 90-23; s. 1016, ch. 97-102; s. 146, ch. 2001-226; s. 6, ch. 2002-82; s. 26, ch. 2006-312; s. 21, ch. 2010-4.
Note.—Created from former s. 733.16.
Notes of Decisions
Cited in 162
cases (9 in the last 5 years), 1975–2026 · leading case: May v. Illinois Nat. Ins. Co.
May v. Illinois Nat. Ins. Co. (2000)
“710, Florida Statutes (1991), is a jurisdictional statute of nonclaim that is not subject to waiver or extension in a probate proceeding.”
Carol Ann Jones v. Edward I. Goden, etc. (2015)
“§ 733.702, Fla. Stat. (2006) (emphasis added).”
Morgenthau v. Estate of Andzel (2009)
“Because appellant failed to file a request for extension pursuant to section 733.702, Florida Statutes (2007), we affirm.”
Comerica Bank v. SDI Operating Partners (1996)
“" Also found in part VII is section 733.702, Florida Statutes (1991).”
Spohr v. Berryman (1991)
“Under section 733.702, Florida Statutes (1985), this meant that claims against the estate had to be filed by no later than April 9, 1987.”
Estate of Arroyo v. Infinity Indemnity Insurance Co. (2017)
“First, Infinity moved for entry of summary judgment in the circuit court’s bad-faith lawsuit, arguing that, because Reyes failed to file a statement of claim in the probate court regarding the negligence lawsuit, she could no longer do so because the negligence lawsuit was…”
Barnett Bank v. Estate of Read (1986)
“Section 733.702 provides, in pertinent part: (1) No claim .”
AHCA v. Estate of Johnson (1999)
“The Agency for Health Care Administration ("AHCA") appeals an order of the probate court setting aside an order granting enforcement of its lien against the estate of Kevin Johnson a/k/a Robert Watson ("estate") pursuant to section 733.702, Florida Statute (1991). Although…”
Pezzi v. Brown (1997)
“Section 733.702 operates as a statute of limitations for claims made against an estate.”
Thames v. Jackson (1992)
“705 revealed a legislative intent to reclassify section 733.702, Florida Statutes (Supp. 1988), as a jurisdictional statute of nonclaim; therefore, Barnett was found to be no longer controlling.”
Golden v. Jones (2013)
“Section 733.702, Florida Statutes (2006), 1 provides in relevant part: (1) If not barred by s.”
Velzy v. Estate of Miller (1987)
“In our companion opinion, we affirmed the trial court order that struck as untimely appellant's claim against the decedent's estate (section 733.702, Florida Statutes (1983)).”
— 733.702(1) — 58 cases
Carol Ann Jones v. Edward I. Goden, etc. (2015)
“§ 733.702, Fla. Stat. (2006) (emphasis added).”
May v. Illinois Nat. Ins. Co. (2000)
“710, Florida Statutes (1991), is a jurisdictional statute of nonclaim that is not subject to waiver or extension in a probate proceeding.”
Morgenthau v. Estate of Andzel (2009)
“Because appellant failed to file a request for extension pursuant to section 733.702, Florida Statutes (2007), we affirm.”
Comerica Bank v. SDI Operating Partners (1996)
“" Also found in part VII is section 733.702, Florida Statutes (1991).”
Grainger v. Wald (2010)
— 733.702(1)(a) — 13 cases
May v. Illinois Nat. Ins. Co. (2000)
“710, Florida Statutes (1991), is a jurisdictional statute of nonclaim that is not subject to waiver or extension in a probate proceeding.”
Thames v. Jackson (1992)
“705 revealed a legislative intent to reclassify section 733.702, Florida Statutes (Supp. 1988), as a jurisdictional statute of nonclaim; therefore, Barnett was found to be no longer controlling.”
Barnett Bank v. Estate of Read (1986)
“Section 733.702 provides, in pertinent part: (1) No claim .”
Ryan v. Lobo De Gonzalez (2003)
— 733.702(1)(b) — 4 cases
May v. Illinois Nat. Ins. Co. (2000)
“710, Florida Statutes (1991), is a jurisdictional statute of nonclaim that is not subject to waiver or extension in a probate proceeding.”
In Re Estate of Robertson (1988)
— 733.702(2) — 12 cases
Spohr v. Berryman (1991)
“Under section 733.702, Florida Statutes (1985), this meant that claims against the estate had to be filed by no later than April 9, 1987.”
Lasater v. Leathers (1985)
Roberts v. Jassy (1983)
Pezzi v. Brown (1997)
“Section 733.702 operates as a statute of limitations for claims made against an estate.”
Baillargeon v. Sewell (2010)
— 733.702(3) — 39 cases
May v. Illinois Nat. Ins. Co. (2000)
“710, Florida Statutes (1991), is a jurisdictional statute of nonclaim that is not subject to waiver or extension in a probate proceeding.”
Comerica Bank v. SDI Operating Partners (1996)
“" Also found in part VII is section 733.702, Florida Statutes (1991).”
Carol Ann Jones v. Edward I. Goden, etc. (2015)
“§ 733.702, Fla. Stat. (2006) (emphasis added).”
Morgenthau v. Estate of Andzel (2009)
“Because appellant failed to file a request for extension pursuant to section 733.702, Florida Statutes (2007), we affirm.”
— 733.702(3)(a) — 1 case
— 733.702(3)(b) — 2 cases
Koschmeder v. Griffin (1980)
— 733.702(3)(d) — 1 case
Bopp v. Sims (1989)
— 733.702(4) — 4 cases
Grainger v. Wald (2010)
Scott v. Reyes (2005)
Denton v. Getson (1994)
— 733.702(4)(a) — 2 cases
JOAN JOHNSON v. LEE TOWNSEND (2018)
— 733.702(4)(b) — 7 cases
Estate of Arroyo v. Infinity Indemnity Insurance Co. (2017)
“First, Infinity moved for entry of summary judgment in the circuit court’s bad-faith lawsuit, arguing that, because Reyes failed to file a statement of claim in the probate court regarding the negligence lawsuit, she could no longer do so because the negligence lawsuit was…”
May v. Illinois Nat. Ins. Co. (2000)
“710, Florida Statutes (1991), is a jurisdictional statute of nonclaim that is not subject to waiver or extension in a probate proceeding.”
Pezzi v. Brown (1997)
“Section 733.702 operates as a statute of limitations for claims made against an estate.”
MacK v. Perri (2009)
— 733.702(4)(c) — 1 case
— 733.702(4)(d) — 1 case
Brown v. Brown (1999)
— 733.702(5) — 6 cases
May v. Illinois Nat. Ins. Co. (2000)
“710, Florida Statutes (1991), is a jurisdictional statute of nonclaim that is not subject to waiver or extension in a probate proceeding.”
Comerica Bank v. SDI Operating Partners (1996)
“" Also found in part VII is section 733.702, Florida Statutes (1991).”
Estate of Arroyo v. Infinity Indemnity Insurance Co. (2017)
“First, Infinity moved for entry of summary judgment in the circuit court’s bad-faith lawsuit, arguing that, because Reyes failed to file a statement of claim in the probate court regarding the negligence lawsuit, she could no longer do so because the negligence lawsuit was…”
AHCA v. Estate of Johnson (1999)
“The Agency for Health Care Administration ("AHCA") appeals an order of the probate court setting aside an order granting enforcement of its lien against the estate of Kevin Johnson a/k/a Robert Watson ("estate") pursuant to section 733.702, Florida Statute (1991). Although…”
— 733.702(6) — 1 case
Vazquez v. Byrski (2007)
— 733.702(l) — 1 case
Morgenthau v. Estate of Andzel (2009)
“Because appellant failed to file a request for extension pursuant to section 733.702, Florida Statutes (2007), we affirm.”
— 733.702(l)(a) — 9 cases
Brown v. Taylor (1986)
In re Estate of Barnett (1989)
Stilwell v. Estate of Crosby (1988)
— 733.702(l)(b) — 2 cases
MacNamara v. Touby (1986)
Winegar v. Estate of Cisek (1994)
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