733.706
Executions and levies.
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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.
Notes of Decisions
Cited in 11
cases, 1978–2017 · leading case: May v. Illinois Nat. Ins. Co.
May v. Illinois Nat. Ins. Co. (2000)
“Such waiver in a separate action does not necessarily render a judgment obtained in that action recoverable from an estate, however, because section 733.706, Florida Statutes (1991), provides: Except upon approval by the court, no execution or other process shall issue on or be…”
Estate of Arroyo v. Infinity Indemnity Insurance Co. (2017)
“” The probate court also correctly held that the consent judgment against the estate was not valid or enforceable against the estate because it “was not filed in the Estate, violating section 733.706, Florida Statutes.” Ms. Reyes argues, and the majority apparently agrees, that…”
Castro v. EAST PASS ENTERPRISES, INC. (2004)
“See § 733.706, Fla. Stat. (2000); May v. Illinois Nat'l Ins.”
Hogan v. Howard (1998)
“The probate court ruled that a claim on a judgment is treated differently than other claims because of language in section 733.706, Florida Statutes (1989).”
In Re Estate of Lunga (1978)
“Section 733.706, Florida Statutes (1977).”
Velzy v. Estate of Miller (1987)
“19 now exists as section 733.706, but does not exempt claims to specific property as did section 733.”
Goldstein v. Braswell (2008)
“Because, however, Braswell died during the course of the proceedings, the trial judge erred in ordering execution against the shares to proceed immediately.”
Murray v. Nationsbank of Florida, N.A. (2003)
“See § 733.706, Fla. Stat. Ann., Historical and Statutory Notes.”
Finizio v. Shubow (1990)
“Since appellees were not in possession of the shares of stock on the date of Marx's death, appellant submits that their judgment was not a perfected security interest and, thus, does not fall within the exception to section 733.706 (stating that the enforcement of security…”
Reyes v. Infinity Indemnity Insurance Co. (2017)
“” The probate court also correctly held that the consent judgment against the estate was not valid or enforceable against the estate because it “was not filed in the Estate, violating section 733.706, Florida Statutes.” Ms. Reyes argues, and the majority apparently agrees, that…”
Caldwell v. Treo (1986)
“We affirm the judgment but vacate that part providing for execution, without prejudice to the appellee to seek execution in the probate court pursuant to section 733.706, Florida Statutes (1985) AFFIRMED IN PART; VACATED IN PART.”
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