Florida Statute 733.705 | 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. 733.705

733.705 Payment of and objection to claims.—

(1) The personal representative shall pay all claims within 1 year from the date of first publication of notice to creditors, provided that the time shall be extended with respect to claims in litigation, unmatured claims, and contingent claims for the period necessary to dispose of those claims pursuant to subsections (5), (6), (7), and (8). The court may extend the time for payment of any claim upon a showing of good cause. No personal representative shall be compelled to pay the debts of the decedent until after the expiration of 5 months from the first publication of notice to creditors. If any person brings an action against a personal representative within the 5 months on any claim to which the personal representative has not filed an objection, the plaintiff shall not receive any costs or attorneys’ fees, nor shall the judgment change the class of the claim for payment under this code.

(2) On or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing or amendment of a claim, whichever occurs later, a personal representative or other interested person may file a written objection to a claim. If an objection is filed, the person filing it shall serve a copy of the objection as provided by the Florida Probate Rules. The failure to serve a copy of the objection constitutes an abandonment of the objection. For good cause, the court may extend the time for filing or serving an objection to any claim. Objection to a claim constitutes an objection to an amendment of that claim unless the objection is withdrawn.

(3) If the objection is filed by a person other than the personal representative, the personal representative may apply to the court for an order relieving him or her from the obligation to defend the estate in an independent action or for the appointment of the objector as administrator ad litem to defend the action. Fees for the attorney for the administrator ad litem may be awarded as provided in s. 733.106(3). If costs or attorney’s fees are awarded from or against the estate, the probate court may charge or apportion that award as provided in s. 733.106(4).

(4) An objection by an interested person to a personal representative’s proof of claim shall state the particular item or items to which the interested person objects and shall be filed and served as provided in subsection (2). Issues of liability as between the estate and the personal representative individually for items listed in a personal representative’s proof of claim shall be determined in the estate administration, in a proceeding for accounting or surcharge, or in another appropriate proceeding, whether or not an objection has been filed. If an objection to an item listed as to be paid in a personal representative’s proof of claim is filed and served, and the personal representative has not paid the item, the other subsections of this section shall apply as if a claim for the item had been filed by the claimant; but if the personal representative has paid the claim after listing it as to be paid, issues of liability as between the estate and the personal representative individually shall be determined in the manner provided for an item listed as paid.

(5) The claimant is limited to a period of 30 days from the date of service of an objection within which to bring an independent action upon the claim, or a declaratory action to establish the validity and amount of an unmatured claim which is not yet due but which is certain to become due in the future, or a declaratory action to establish the validity of a contingent claim upon which no cause of action has accrued on the date of service of an objection and that may or may not become due in the future, unless an extension of this time is agreed to by the personal representative in writing before it expires.

(a) For good cause, the court may extend the time for filing an action or proceeding after objection is filed. No action or proceeding on the claim may be brought against the personal representative after the time limited above, and the claim is barred without court order.

(b) If an action or proceeding by the claimant is pending against the decedent at the time of the decedent’s death, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim:

1. A motion complying with all applicable rules of procedure is filed, or a similar procedure is initiated, to substitute the proper party; or

2. An order substituting the proper party is entered.

(c) If the decedent entered into a binding arbitration agreement relating to the claim during his or her lifetime, or if arbitration is required under s. 731.401, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim, a motion to compel arbitration against the proper party is initiated, as provided for in s. 682.03.

(d) If arbitration was commenced before the decedent’s death, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim, notice is given to the proper party. If the arbitration was commenced by order of the court, the notice must take the form of a timely filed motion, complying with all applicable rules of procedure, to substitute the proper party.

(e) If an objection is filed to the claim of any claimant and the claimant brings an action to establish the claim, a judgment establishing the claim shall give it no priority over claims of the same class to which it belongs.

(6) A claimant may bring an independent action or declaratory action upon a claim which was not timely filed pursuant to s. 733.702(1) only if the claimant has been granted an extension of time to file the claim pursuant to s. 733.702(3).

(7) If an unmatured claim has not become due before the time for distribution of an estate, the personal representative may prepay the full amount of principal plus accrued interest due on the claim, without discount and without penalty, regardless of any prohibition against prepayment or provision for penalty in any instrument on which the claim is founded. If the claim is not prepaid, no order of discharge may be entered until the creditor and personal representative have filed an agreement disposing of the claim, or in the absence of an agreement until the court provides for payment by one of the following methods:

(a) Requiring the personal representative to reserve such assets as the court determines to be adequate to pay the claim when it becomes due; in fixing the amount to be reserved, the court may determine the value of any security or collateral to which the creditor may resort for payment of the claim and may direct the reservation, if necessary, of sufficient assets to pay the claim or to pay the difference between the value of any security or collateral and the amount necessary to pay the claim. If the estate is insolvent, the court may direct a proportionate amount to be reserved. The court shall direct that the amount reserved be retained by the personal representative until the time that the claim becomes due, and that so much of the reserved amount as is not used for payment be distributed according to law;

(b) Requiring that the claim be adequately secured by a mortgage, pledge, bond, trust, guaranty, or other security, as may be determined by the court, the security to remain in effect until the time the claim becomes due, and so much of the security or collateral as is not needed for payment be distributed according to law; or

(c) Making provisions for the disposition or satisfaction of the claim as are equitable, and in a manner so as not to delay unreasonably the closing of the estate.

(8) If no cause of action has accrued on a contingent claim before the time for distribution of an estate, no order of discharge may be entered until the creditor and the personal representative have filed an agreement disposing of the claim or, in the absence of an agreement, until:

(a) The court determines that the claim is adequately secured or that it has no value,

(b) Three months from the date on which a cause of action accrues upon the claim, provided that no action on the claim is then pending,

(d) The court provides for payment of the claim upon the happening of the contingency by one of the methods described in paragraph (a), paragraph (b), or paragraph (c) of subsection (7),

whichever occurs first. No action or proceeding on the claim may be brought against the personal representative after the time limited above, and the claim is barred without court order. If an objection is filed to the claim of any creditor and the creditor brings an action to establish the claim, a judgment establishing the claim shall give it no priority over claims of the same class to which it belongs.

(9) Interest shall be paid by the personal representative on written obligations of the decedent providing for the payment of interest. On all other claims, interest shall be allowed and paid beginning 5 months from the first publication of the notice to creditors.

(10) The court may determine all issues concerning claims or matters not requiring trial by jury.

(11) An order for extension of time authorized under this section may be entered only in the estate administration proceeding.

History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 34, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 84-25; s. 1, ch. 86-249; s. 7, ch. 88-340; s. 7, ch. 89-340; s. 2, ch. 91-61; s. 1017, ch. 97-102; s. 149, ch. 2001-226; s. 1, ch. 2022-101.

Note.—Created from former s. 733.18.

F.S. 733.705 on Google Scholar

F.S. 733.705 on Casetext

Amendments to 733.705

Arrestable Offenses / Crimes under Fla. Stat. 733.705

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.705.

Annotations, Discussions, Cases:

Cases Citing Statute 733.705

Total Results: 20

Grant, Grant v. Kunke Pr

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

Snippet: paid or otherwise disposed of pursuant to s. 733.705. The statute of limitations in this case expired

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: objection to Fields’s statement of claim. Section 733.705(2), Florida Statutes, provides that “[o]n or before…’s claim, so it too was timely. Section 733.705(5) then details the procedure for resolving an …Additionally, or alternatively, under section 733.705(5)(a), the court, for good cause shown, may … for an extension. Accordingly, under section 733.705(5), Fields had thirty days from the date when …claim. Under the plain language of sections 733.705(5) and (5)(a), which this court is obligated to

William Ford v. In Re: Estate of Beatrice E. Ford

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-22T00:00:00-08:00

Snippet: the statutory time period provided in section 733.705(2), Florida Statutes (2022).2 Because the probate

WILLIAM FORD v. IN RE: ESTATE OF BEATRICE E. FORD

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-16T00:00:00-07:00

Snippet: the statutory time period provided in section 733.705(2), Florida Statutes (2022).2 Because the probate

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

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

Snippet: been paid or otherwise disposed of pursuant to s. 733.705.” § 733.710(2), Fla. Stat. And subsection (3)

BARBARA NAMON, etc. v. KAREN NAMON ELDER

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

Snippet: or otherwise disposed of pursuant to s. 733.705. § 733.710(1)–(2), Fla. Stat. This provision has

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2021-10-28T00:53:00-07:00

Snippet: implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to furnish…implementation of the procedure found in section 733.705, Florida Statutes, with respect to a proof of claim

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2021-10-28T00:53:00-07:00

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: that deadline is not contained within section 733.705, Florida Statutes. That statute sets forth the …objection as provided by the Florida Probate Rules.” § 733.705(2), Fla. Stat. (2019). We see no reason why an

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

Snippet: -2- section 733.705, Florida Statutes. That statute sets forth the …objection as provided by the Florida Probate Rules.” § 733.705(2), Fla. Stat. (2019). We see no reason why an

STATE ATTORNEY'S OFFICE OF THE 17TH JUDICIAL CIRCUIT v. CABLE NEWS NETWORK, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-25T00:53:00-07:00

Snippet: creditor’s time to file a claim under section 733.705(3), Florida Statutes (Supp. 1984), which did not

State Attorney's Office of the Seventeenth Judicial Circuit v. Cable News Network, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-25T00:00:00-07:00

Citation: 251 So. 3d 205

Snippet: creditor's time to file a claim under section 733.705(3), Florida Statutes (Supp. 1984), which did not

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Fla. | Date Filed: 2016-09-01T00:00:00-07:00

Citation: 199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Snippet: Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to

Steven Kwartin, P.A. v. Henry Oreal, as Personal Representative of the Estate of Wayne Henry Oreal a/k/a Wayne H. Oreal

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-30T00:00:00-07:00

Citation: 189 So. 3d 964, 2016 Fla. App. LEXIS 4922

Snippet: reversed, reasoning that “section 733.705(8) [now section 733.705(9) ] provides for the payment of interest…interest. We find the plain language of section 733.705(9) and the promissory note did not allow the probate…pursuing payment of its •claim. . Section 733.705(9), Florida Statutes, provides that “[interest …1139. Based on the plain language of section 733.705(9) and Aftab, the firm was entitled …3d DCA 2014). In the instant case, section 733.705(9) plainly and unambiguously provides for the payment

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: been paid or otherwise disposed of pursuant to s. 733.705. § 733.710, Fla. Stat. (2006). We have

West v. West

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-13T00:00:00-08:00

Citation: 126 So. 3d 437, 2013 WL 5989234, 2013 Fla. App. LEXIS 18009

Snippet: it would disregard the requirements of section 733.705(5), and because the personal representative had…the statutory thirty-day period expired. See § 733.705(5), Fla. Stat. (2011). His only viable options

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: been paid or otherwise disposed of pursuant to s. 733.705. This court has held that under sections 733.702

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2010-09-02T00:00:00-07:00

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

Snippet: Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to

ZAYAS-HOOD v. Jusino

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-10T00:00:00-07:00

Citation: 44 So. 3d 626, 2010 Fla. App. LEXIS 11700, 2010 WL 3120217

Snippet: order compelling payment of the claim. Section 733.705(2), Florida Statutes, providing that a court may

Morgenthau v. Estate of Andzel

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-31T00:00:00-08:00

Citation: 26 So. 3d 628, 2009 Fla. App. LEXIS 20569, 2009 WL 5151741

Snippet: period. (Emphasis added). In addition, section 733.705, Florida Statutes (2007), requires a claimant may