Florida Statutes

Fla. Stat. § 733.703 (2025)

Form and manner of presenting claim.

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733.703 Form and manner of presenting claim.—

(1) A creditor shall file a written statement of the claim. No additional charge may be imposed by a claimant who files a claim against the estate.

(2) Within the time allowed by s. 733.702, the personal representative may file a proof of claim of all claims he or she has paid or intends to pay. A claimant whose claim is listed in a personal representative’s proof of claim shall be deemed to have filed a statement of the claim listed. Except as provided otherwise in this part, the claim shall be treated as if the claimant had filed it.

History.—s. 1, ch. 74-106; s. 84, ch. 75-220; s. 5, ch. 81-27; s. 5, ch. 85-79; s. 6, ch. 89-340; s. 147, ch. 2001-226.

Note.—Created from former s. 733.16.

Notes of Decisions

Cited in 31 cases (4 in the last 5 years), 1975–2024 · 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 9× “Prockup's counter-petition for administration filed in the Bradley Estate probate proceedings satisfied the requirements of section 733.703, Florida Statutes (1991), and provided sufficient notice of the claim in satisfaction of sections 733.”

Midflorida Schs. Fed. Credit U. v. Fansler, 404 So. 2d 1178 (Fla. 2d DCA 1981). · cites it 5× “It dismissed counts II and III on the basis that they alleged a series of loans or future advances that were not specifically set forth in the agreement attached and that since they were outside the attached agreement they were also then beyond the scope of the claim filed in…”

Sessoms v. Johnson, 378 So. 2d 1260 (Fla. 5th DCA 1979). · cites it 7× “Section 733.703, Florida Statutes, governing the form and manner of presenting claims, provides in part: ".”

Spohr v. Berryman, 589 So. 2d 225 (Fla. 1991). · cites it 2× “702 satisfies the filing requirement of F.S. 733.703. To the extent that the court's language relates to an action for monetary damages this author submits that the court's approach is incorrect.”

Baillargeon v. Sewell, 33 So. 3d 130 (Fla. 2d DCA 2010). · cites it 4× “In particular, the Personal Representative relied on section 733.703, Florida Statutes (2007), and Florida Probate Rule 5.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 4× “§ 733.703, Fla. Stat. Form and manner of presenting claim.”

Steigman v. Danese, 502 So. 2d 463 (Fla. 1st DCA 1987). · cites it 2× “Section 733.703 provides: 733.703 Form and manner of presenting claim.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 3× “F.S. 733.703 Form and manner of presenting claim.”

Baldwin v. Lewis, 397 So. 2d 985 (Fla. 3d DCA 1981). · cites it 3× “490 is reinforced by Section 733.703, Florida Statutes (1979), which plainly requires the clerk of the court to furnish a copy of the statement of claim to the personal representative and note the fact on the original.”

Est. of Arroyo v. Infinity Indem. Ins. Co., 211 So. 3d 240 (Fla. 3d DCA 2017). · cites it 2× “, 3:11–cv–1112–J–32TEM, 2013 10 In May, the Court held that the third-party bad faith claimant had filed a sufficient claim for purposes of section 733.703 by filing pleadings regarding the wrongful death action against the estate in the probate case within two years of the…”

Summit Pool Supplies, Inc. v. Price, 461 So. 2d 272 (Fla. 5th DCA 1985). · cites it 4× “Section 733.703, Florida Statutes (1983), states, in pertinent part: Form and manner of presenting claim.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “§ 733.703, Fla. Stat. Form and manner of presenting claim.”

Show all 31 citing cases →

— 733.703(1) — 4 cases

May v. Illinois Nat. Ins. Co., 771 So. 2d 1143 (Fla. 2000). “Prockup's counter-petition for administration filed in the Bradley Estate probate proceedings satisfied the requirements of section 733.703, Florida Statutes (1991), and provided sufficient notice of the claim in satisfaction of sections 733.”

Baillargeon v. Sewell, 33 So. 3d 130 (Fla. 2d DCA 2010). “In particular, the Personal Representative relied on section 733.703, Florida Statutes (2007), and Florida Probate Rule 5.”

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

John W. Rich, Jr., Etc. v. Judith R. Narog (Fla. 3d DCA 2022).

— 733.703(2) — 3 cases

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

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021).

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