Florida Statute 733.706 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.706

733.706 Executions and levies.—Except upon approval by the court, no execution or other process shall issue on or be levied against property of the estate. An order approving execution or other process to be levied against property of the estate may be entered only in the estate administration proceeding. Claims on all judgments against a decedent shall be filed in the same manner as other claims against estates of decedents. This section shall not be construed to prevent the enforcement of mortgages, security interests, or liens encumbering specific property.

History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 8, ch. 89-340.

Note.—Created from former s. 733.19.

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Amendments to 733.706

Annotations, Discussions, Cases:

Cases Citing Statute 733.706

Total Results: 11

May v. Illinois Nat. Ins. Co.

771 So. 2d 1143, 2000 WL 1707159

Supreme Court of Florida | Filed: Nov 16, 2000 | Docket: 2517435

Cited 34 times | Published

recoverable from an estate, however, because section 733.706, Florida Statutes (1991), provides: Except

Castro v. EAST PASS ENTERPRISES, INC.

881 So. 2d 699, 2004 WL 1969613

District Court of Appeal of Florida | Filed: Sep 8, 2004 | Docket: 1465514

Cited 6 times | Published

in the estate administration proceeding. See § 733.706, Fla. Stat. (2000); May v. Illinois Nat'l Ins

In Re Estate of Lunga

360 So. 2d 109

District Court of Appeal of Florida | Filed: Jun 6, 1978 | Docket: 1738446

Cited 4 times | Published

order of the court in probate proceedings. Section 733.706, Florida Statutes (1977). Moreover, Section

Hogan v. Howard

716 So. 2d 286, 1998 WL 374718

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 424785

Cited 2 times | Published

differently than other claims because of language in section 733.706, Florida Statutes (1989). In light of that

Finizio v. Shubow

557 So. 2d 640, 1990 WL 17496

District Court of Appeal of Florida | Filed: Feb 28, 1990 | Docket: 456914

Cited 2 times | Published

thus, does not fall within the exception to section 733.706 (stating that the enforcement of security interests

Velzy v. Estate of Miller

502 So. 2d 1297, 12 Fla. L. Weekly 590

District Court of Appeal of Florida | Filed: Feb 20, 1987 | Docket: 1181224

Cited 2 times | Published

Code. Former section 733.19 now exists as section 733.706, but does not exempt claims to specific property

Goldstein v. Braswell

987 So. 2d 123, 2008 WL 2663706

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 1724299

Cited 1 times | Published

estate as directed by the probate court. See § 733.706, Fla. Stat. (2006); May v. Ill. Nat'l Ins. Co

Estate of Arroyo v. Infinity Indemnity Insurance Co.

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

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 4569373

Published

restrictions applicable to the present case. Section 733.706 specifies that “[c]laims on all judgments against

Reyes v. Infinity Indemnity Insurance Co.

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 4573218

Published

restrictions applicable to the present case. Section 733.706 specifies that “[c]laims on all judgments

Murray v. Nationsbank of Florida, N.A.

846 So. 2d 548, 2003 Fla. App. LEXIS 4430, 2003 WL 1720099

District Court of Appeal of Florida | Filed: Apr 2, 2003 | Docket: 64823187

Published

predecessor to the current section 733.706, Florida Statutes (2002). See § 733.706, Fla. Stat. Ann., Historical

Caldwell v. Treo

491 So. 2d 622, 11 Fla. L. Weekly 1659, 1986 Fla. App. LEXIS 9102

District Court of Appeal of Florida | Filed: Jul 30, 1986 | Docket: 64620689

Published

execution in the probate court pursuant to section 733.706, Florida Statutes (1985) AFFIRMED IN PART;