Florida Statutes

Fla. Stat. § 733.702 (2025)

Limitations on presentation of claims.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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., 771 So. 2d 1143 (Fla. 2000).

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May v. Illinois Nat. Ins. Co., 771 So. 2d 1143 (Fla. 2000). · cites it 95× “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., 176 So. 3d 242 (Fla. 2015). · cites it 35× “§ 733.702, Fla. Stat. (2006) (emphasis added).”

Morgenthau v. Est. of Andzel, 26 So. 3d 628 (Fla. 1st DCA 2009). · cites it 28× “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, 673 So. 2d 163 (Fla. 4th DCA 1996). · cites it 28× “" Also found in part VII is section 733.702, Florida Statutes (1991).”

Spohr v. Berryman, 589 So. 2d 225 (Fla. 1991). · cites it 22× “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.”

Est. of Arroyo v. Infinity Indem. Ins. Co., 211 So. 3d 240 (Fla. 3d DCA 2017). · cites it 28× “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. Est. of Read, 493 So. 2d 447 (Fla. 1986). · cites it 12× “Section 733.702 provides, in pertinent part: (1) No claim .”

AHCA v. Est. of Johnson, 743 So. 2d 83 (Fla. 3d DCA 1999). · cites it 19× “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, 697 So. 2d 883 (Fla. 4th DCA 1997). · cites it 13× “Section 733.702 operates as a statute of limitations for claims made against an estate.”

Thames v. Jackson, 598 So. 2d 121 (Fla. 1st DCA 1992). · cites it 18× “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, 126 So. 3d 390 (Fla. 4th DCA 2013). · cites it 14× “Section 733.702, Florida Statutes (2006), 1 provides in relevant part: (1) If not barred by s.”

Velzy v. Est. of Miller, 502 So. 2d 1297 (Fla. 2d DCA 1987). · cites it 15× “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)).”

Show all 162 citing cases →

— 733.702(1) — 58 cases

Carol Ann Jones v. Edward I. Goden, etc., 176 So. 3d 242 (Fla. 2015). “§ 733.702, Fla. Stat. (2006) (emphasis added).”

May v. Illinois Nat. Ins. Co., 771 So. 2d 1143 (Fla. 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. Est. of Andzel, 26 So. 3d 628 (Fla. 1st DCA 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, 673 So. 2d 163 (Fla. 4th DCA 1996). “" Also found in part VII is section 733.702, Florida Statutes (1991).”

Grainger v. Wald, 29 So. 3d 1155 (Fla. 3d DCA 2010).

— 733.702(1)(a) — 13 cases

Thames v. Jackson, 598 So. 2d 121 (Fla. 1st DCA 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. Est. of Read, 493 So. 2d 447 (Fla. 1986). “Section 733.702 provides, in pertinent part: (1) No claim .”

Ryan v. Lobo De Gonzalez, 841 So. 2d 510 (Fla. 4th DCA 2003).

Harbour House Props., Inc. v. Est. of Stone, 443 So. 2d 136 (Fla. 3d DCA 1983).

— 733.702(1)(b) — 4 cases

In Re Est. of Robertson, 520 So. 2d 99 (Fla. 4th DCA 1988).

Notar v. State Farm Mut. Auto. Ins. Co., 438 So. 2d 531 (Fla. 2d DCA 1983).

Moneyhun v. Vital Indus., Inc., 611 So. 2d 1316 (Fla. 1st DCA 1993).

— 733.702(2) — 12 cases

Spohr v. Berryman, 589 So. 2d 225 (Fla. 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, 475 So. 2d 1329 (Fla. 5th DCA 1985).

Roberts v. Jassy, 436 So. 2d 394 (Fla. 2d DCA 1983).

Pezzi v. Brown, 697 So. 2d 883 (Fla. 4th DCA 1997). “Section 733.702 operates as a statute of limitations for claims made against an estate.”

Baillargeon v. Sewell, 33 So. 3d 130 (Fla. 2d DCA 2010).

— 733.702(3) — 39 cases

Comerica Bank v. SDI Operating Partners, 673 So. 2d 163 (Fla. 4th DCA 1996). “" Also found in part VII is section 733.702, Florida Statutes (1991).”

Carol Ann Jones v. Edward I. Goden, etc., 176 So. 3d 242 (Fla. 2015). “§ 733.702, Fla. Stat. (2006) (emphasis added).”

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

Morgenthau v. Est. of Andzel, 26 So. 3d 628 (Fla. 1st DCA 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

Martinez v. Kennedy Real Est. of Labelle, Inc., Pension Trust, 565 So. 2d 399 (Fla. 2d DCA 1990).

— 733.702(3)(b) — 2 cases

Koschmeder v. Griffin, 386 So. 2d 625 (Fla. 4th DCA 1980).

Kent Ins. Co. v. Est. of Atwood, 481 So. 2d 1294 (Fla. 1st DCA 1986).

— 733.702(3)(d) — 1 case

Bopp v. Sims, 539 So. 2d 1165 (Fla. 4th DCA 1989).

— 733.702(4) — 4 cases

Grainger v. Wald, 29 So. 3d 1155 (Fla. 3d DCA 2010).

Scott v. Reyes, 913 So. 2d 13 (Fla. 2d DCA 2005).

Samantha Elaine Tsuji v. H. Bart Fleet, etc. (Fla. 2023).

Denton v. Getson, 637 So. 2d 82 (Fla. 4th DCA 1994).

— 733.702(4)(a) — 2 cases

Samantha Elaine Tsuji v. H. Bart Fleet, etc. (Fla. 2023).

Joan Johnson v. Lee Townsend, 259 So. 3d 851 (Fla. 4th DCA 2018).

— 733.702(4)(b) — 7 cases

Est. of Arroyo v. Infinity Indem. Ins. Co., 211 So. 3d 240 (Fla. 3d DCA 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…”

Pezzi v. Brown, 697 So. 2d 883 (Fla. 4th DCA 1997). “Section 733.702 operates as a statute of limitations for claims made against an estate.”

MacK v. Perri, 24 So. 3d 697 (Fla. 1st DCA 2009).

Samantha Elaine Tsuji v. H. Bart Fleet, etc. (Fla. 2023).

— 733.702(4)(c) — 1 case

Samantha Elaine Tsuji v. H. Bart Fleet, etc. (Fla. 2023).

— 733.702(4)(d) — 1 case

Brown v. Brown, 732 So. 2d 1169 (Fla. 1st DCA 1999).

— 733.702(5) — 6 cases

Comerica Bank v. SDI Operating Partners, 673 So. 2d 163 (Fla. 4th DCA 1996). “" Also found in part VII is section 733.702, Florida Statutes (1991).”

AHCA v. Est. of Johnson, 743 So. 2d 83 (Fla. 3d DCA 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…”

Samantha Elaine Tsuji v. H. Bart Fleet, etc. (Fla. 2023).

— 733.702(6) — 1 case

Vazquez v. Byrski, 993 So. 2d 983 (Fla. 2d DCA 2007).

— 733.702(l) — 1 case

Morgenthau v. Est. of Andzel, 26 So. 3d 628 (Fla. 1st DCA 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, 500 So. 2d 309 (Fla. 2d DCA 1986).

In re Est. of Barnett, 549 So. 2d 1166 (Fla. 4th DCA 1989).

In re the Est. of Schleusener, 18 Fla. Supp. 2d 24 (Fla. Cir. Ct. 1986).

Stilwell v. Est. of Crosby, 519 So. 2d 68 (Fla. 4th DCA 1988).

Pierce v. Am. Bank & Trust Co., 433 So. 2d 655 (Fla. 1st DCA 1983).

— 733.702(l)(b) — 2 cases

MacNamara v. Touby, 486 So. 2d 32 (Fla. 3d DCA 1986).

Winegar v. Est. of Cisek, 632 So. 2d 189 (Fla. 3d DCA 1994).

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.