Florida Statute 733.702 | 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. 733.702

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.

F.S. 733.702 on Google Scholar

F.S. 733.702 on Casetext

Amendments to 733.702

Arrestable Offenses / Crimes under Fla. Stat. 733.702

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.702.

Annotations, Discussions, Cases:

Cases Citing Statute 733.702

Total Results: 20

Grant, Grant v. Kunke Pr

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: estate during the time periods set forth in section 733.702 or their claims will be barred unless the court… to file their claims by March 11, 2021. See § 733.702(1) (providing that a creditor has three months …the court because of the lack of notice. See § 733.702(3) ("An extension may be granted only upon…creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person's death

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-07T00:00:00-07:00

Snippet: in a local newspaper, as required by section 733.702(1), Florida Statutes (2022). This statute sets … copy of the notice to creditors under section 733.702(1) are timely filed under section 733.710, Florida

Benzo Elias Rudnikas v. Mercedes Gisela Gonzalez

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-27T00:00:00-07:00

Snippet: estate, or any claims described in [section] 733.702(1), the trustee of a trust described in [

Samantha Elaine Tsuji v. H. Bart Fleet, etc.

Court: Fla. | Date Filed: 2023-06-29T00:00:00-07:00

Snippet: resides in section 733.702 and the other in section 733.710. Section 733.702 “fixes the basic time…insurance.” § 733.702(4)(b), Fla. Stat. 6 6. The other two exceptions are: section 733.702(4)(a), Florida… [section 733.702] shall extend the limitations period set forth in s. 733.710.” § 733.702(5), Fla. Stat…inoperative part of section 733.702(4)—the one that says nothing in section 733.702(2), including its extinguishment…Section 733.702(4)(b) provides an exception to the limits provided elsewhere in section 733.702, and section

BARBARA NAMON, etc. v. KAREN NAMON ELDER

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-23T23:53:00-08:00

Snippet: statutory provisions. The first, codified in section 733.702, Florida Statutes, bars any claim or demand against… part of it or interest on it or otherwise. § 733.702(1), Fla. Stat.; see Fla. Prob. R. 5.490(e). Long…the possession of the personal representative. § 733.702(1), Fla. Stat. The statutory time frame is, however…creditor who has filed a claim pursuant to s. 733.702 within [two] years after the person’s death, …formally file a claim, as required under section 733.702, Florida Statutes. The undeveloped record before

ELIZABETH ANN DUFF-ESFORMES, etc. v. BARRY E. MUKAMAL, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-23T23:53:00-08:00

Snippet: estate, or any claims described in s. 733.702(1), the trustee of a trust described in s.

Katherine Herman, Personal Representative for the Estate of Steve Allen Herman, a/k/a, etc. v. Nancy Herman Bennett

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-23T00:53:00-07:00

Snippet: Appellee’s claim was timely filed under section 733.702(1), Florida Statutes (2017), we reverse. …that Appellee’s claim was barred under section 733.702, Florida Statutes (2017), which provides that a…of the three-month period set forth in section 733.702(1) is governed by Florida Rule of Judicial Administration…that it is unclear from the language of section 733.702(1) if the three-month creditor’s claim period begins… 71 So. 3d 828, 838 (Fla. 2011). Section 733.702 is titled “Limitations on presentation of claims

JOAN JOHNSON v. LEE TOWNSEND

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:53:00-07:00

Snippet: FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BARRED. See § 733.702(1), Fla. Stat. (2015) (… in sections 733.702(4)(a) and 733.710(3), Florida Statutes (2015). Section 733.702(4)(a) states:…death, for three reasons: (1) pursuant to section 733.702(1), Florida Statutes (2015), the petition was an… to creditors. The notice, pursuant to section 733.702(1), stated in pertinent part: All creditors…2015, the three-month claims period under section 733.702(1) expired. By that time, the wife had not filed

Lerma-Fusco v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-16T00:00:00-07:00

Citation: 220 So. 3d 562, 2017 WL 2605129, 2017 Fla. App. LEXIS 8849

Snippet: first publication of notice to creditors. See § 733.702(1), Fla. Stat. (2015). This time limitation may…insufficient notice of the claims period. See id.; § 733.702(3). However, if a creditor is reasonably ascertainable

Estate of Arroyo v. Infinity Indemnity Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-18T00:00:00-08:00

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

Snippet: section 733.702(4)(b) is followed by section 733.702(5), reiterating that nothing in section 733.702 “shall…that is protected by the casualty insurance.” § 733.702(4)(b), Fla. Stat. (2013). That provision is eminently…against the estate. The narrow exception of section 733.702(4)(b) is inapplicable in this case because the …for claims against an insured decedent, section 733.702(4)(b), the Supreme Court of Florida has left no…application of two of the probate statutes, sections 733.702 and 733.710, in the context of a bad faith insurance

Reyes v. Infinity Indemnity Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-17T23:53:00-08:00

Snippet: section 733.702(4)(b) is followed by section 733.702(5), reiterating that nothing in section 733.702 “shall…lawsuit was barred by the statute of limitations, § 733.702, Fla. Stat. (2011), and the statute of repose,…Florida Supreme Court in May held that section 733.702 “is a statute of limitations that cannot be waived…court against the estate: As with section 733.702, we determine that an estate may waive the …the probate proceedings. However, unlike section 733.702, a creditor that has obtained a judgment

United Bank v. Estate of Frazee

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-13T00:00:00-07:00

Citation: 197 So. 3d 1190, 2016 Fla. App. LEXIS 10780, 2016 WL 3745512

Snippet: barred unless the court grants an extension. § 733.702(3), Fla. Stat. (2012). Extensions may be granted… notice by certified mail. Thus, under section 733.702(1), the Bank’s deadline to file a claim was May…or insufficient notice of the claims period.” § 733.702(3), Fla. Stat. Unless the court considered the

Richard and Chernecky v. Richard

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-04T00:00:00-07:00

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

Snippet: and petition. 3 . Under section 733.702(1), Florida Statutes (2015) “no claim or demand

Soriano v. Estate of Manes

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-14T00:00:00-07:00

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

Snippet: the date of service on the creditor.... § 733.702(1), Fla. Stat. (2013). This time limitation…founded upon the wrongful act of the decedent. § 733.702(2). If the court does not extend the time for filing…otherwise untimely claim, the claim is barred. § 733.702(3).. “An extension may be granted only upon grounds…, and her asserted claim was barred by section 733.702(1), Florida Statutes. Affirmed.

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

Court: Fla. | Date Filed: 2015-10-01T00:00:00-07:00

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

Snippet: creditor....” § 733.702(1), Fla. Stat. Under the plain language of section 733.702(1), where a known…section 733.702(3) since that section applies only to claims that are untimely under section 733.702. …reasonably ascertainable is barred under section 733.702(1), Florida Statutes (2006), if not filed within…the statute of limitations set forth in section 733.702(1), Florida Statutes, never begins to run and the… motion for an extension of time under section 733.702(3) within the two-year period of repose set forth

Souder v. Malone

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-01T00:00:00-07:00

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

Snippet: determining that they were untimely under section 733.702, Florida Statutes (2011). Specifically, the probate…three-month creditors’ claim period set forth in section 733.702(1), and no petition seeking an extension of time…time in which to file claims was filed. Section 733.702(1) provides that: [N]o claim or demand against …notice in which to file a petition for extension. § 733.702(3), Fla. Stat. (2011) (emphasis added). We disagree…extension from the probate court pursuant to section 733.702(3) within the two-year window set forth in section

Golden v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-30T00:00:00-07:00

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

Snippet: prescribed time periods. See §§ 733.702, 733.710, Fla. Stat. (2006). Section 733.702 is a statute of limitations…the statute of limitations set forth in section 733.702(1), Florida Statutes, never begins to run and the… that the claim was time-barred under sections 733.702 and 733.710, Florida Statutes. The personal representative…statement of claim was untimely under sections 733.702 and 733.710, Florida Statutes, and established …then the applicable limitations period of section 733.702(1) never begins to run and the known or reasonably

Joseph v. Estate of Joseph

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-21T00:00:00-07:00

Citation: 83 So. 3d 965, 2012 WL 933020, 2012 Fla. App. LEXIS 4358

Snippet: a) the probate statutes of non-claim, sections 733.702 and 733.710, Florida Statutes (2010), or (b) the

Lubee v. Adams

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-20T00:00:00-08:00

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

Snippet: of the notice to creditors, pursuant to section 733.702(1), Florida Statutes (2006), or file a motion for…in which to file his claim, pursuant to section 733.702(3), we affirm the court’s order. On March 20, 2007…of the notice to creditors pursuant to sections 733.702(1) and 733.2121(3)(a). However, Mr. Lubee contends…their claims on or before February 16, 2008. See § 733.702(1). Creditors who were served with the notice to…extension from the probate court pursuant to section 733.702(3) within the two-year window of section 733.710

Estate of King v. King

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-03T00:00:00-07:00

Citation: 67 So. 3d 387, 2011 WL 3300220

Snippet: filing of a claim in the probate proceedings. See § 733.702(1), Fla. Stat. Rather, the Estate is taking action