Florida Statutes

Fla. Stat. § 733.710 (2025)

Limitations on claims against estates.

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733.710 Limitations on claims against estates.—

(1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section.

(2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705.

(3) This section shall not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.

History.—s. 1, ch. 74-106; s. 50, ch. 75-220; s. 36, ch. 77-87; s. 9, ch. 89-340; s. 152, ch. 2001-226.

Note.—Created from former s. 734.29(1).

Notes of Decisions

Cited in 67 cases (7 in the last 5 years), 1988–2026 · 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 52× “Compare § 733.710, Fla. Stat. (1999), with § 733.”

Est. of Arroyo v. Infinity Indem. Ins. Co., 211 So. 3d 240 (Fla. 3d DCA 2017). · cites it 37× “(2011), and the statute of repose, § 733.710, Fla. Stat. (2011), set forth in the probate code.”

Comerica Bank v. SDI Operating Partners, 673 So. 2d 163 (Fla. 4th DCA 1996). · cites it 23× “The issue emerging from this appeal is whether section 733.710, Florida Statutes *164 (1991), is a statute of repose, thus barring the claim in suit, or an ordinary statute of limitations empowering the probate judge to extend the time for filing the claim.”

Carol Ann Jones v. Edward I. Goden, etc., 176 So. 3d 242 (Fla. 2015). · cites it 14× “710 provides, in relevant part: (1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the…”

Pezzi v. Brown, 697 So. 2d 883 (Fla. 4th DCA 1997). · cites it 16× “Because plaintiffs' complaint was filed more than two years after the date of Simmons' death, we must also consider whether section 733.710 erects a bar to plaintiffs' cause of action, although section 733.”

Albritton v. Ferrera, 913 So. 2d 5 (Fla. 1st DCA 2005). · cites it 7× “As grounds, Ferrera argued Albritton's complaint was frivolous because: (1) It was untimely, and thus barred by section 733.710, which was a statute of repose Albritton was unable to toll as a matter of law; and (2) Even if it was possible to toll section 733.”

Davis v. Starling, 799 So. 2d 373 (Fla. 4th DCA 2001). · cites it 12× “[4] § 733.710, Fla. Stat. (2000). [5] Again, we express no view as to whether there really was a misrepresentation and whether it was material and justifiably relied upon.”

Baptist Hosp. of Miami, Inc. v. Carter, 658 So. 2d 560 (Fla. 3d DCA 1995). · cites it 9× “§ 733.710, Fla. Stat. (1987). The 1989 legislature significantly altered the provision by (a) reducing the three-year period to two years; (b) specifically providing that it applied both to administered and unadministered estates; and (c) most significantly, provided for its…”

Langford v. Ferrera, 823 So. 2d 795 (Fla. 1st DCA 2001). · cites it 7× “Appellee-personal representative Martha Ferrera (Ferrera) argues that Albritton's claim as a creditor of the estate was time-barred by section 733.710, Florida Statutes, the statute of repose, and even if the claim was not time-barred, Albritton was not entitled to reimbursement…”

AHCA v. Est. of Johnson, 743 So. 2d 83 (Fla. 3d DCA 1999). · cites it 7× “ (1) If not barred by § 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 subdivisions, whether due or not, direct or contingent, or liquidated or unliquidated; no claim for…”

Golden v. Jones, 126 So. 3d 390 (Fla. 4th DCA 2013). · cites it 8× “Section 733.710, Florida Statutes (2006), provides in relevant part: (1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim…”

Lutheran Broth. Legal v. Est. of Petz, 744 So. 2d 596 (Fla. 2d DCA 1999). · cites it 9× “We affirm the trial court's determination that the petition was barred by operation of section 733.710, Florida Statutes (1997).”

Show all 67 citing cases →

— 733.710(1) — 19 cases

Albritton v. Ferrera, 913 So. 2d 5 (Fla. 1st DCA 2005). “As grounds, Ferrera argued Albritton's complaint was frivolous because: (1) It was untimely, and thus barred by section 733.710, which was a statute of repose Albritton was unable to toll as a matter of law; and (2) Even if it was possible to toll section 733.”

Crescenze v. Bothe, 4 So. 3d 31 (Fla. 2d DCA 2009).

Davis v. Starling, 799 So. 2d 373 (Fla. 4th DCA 2001). “[4] § 733.710, Fla. Stat. (2000). [5] Again, we express no view as to whether there really was a misrepresentation and whether it was material and justifiably relied upon.”

AHCA v. Est. of Johnson, 743 So. 2d 83 (Fla. 3d DCA 1999). “ (1) If not barred by § 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 subdivisions, whether due or not, direct or contingent, or liquidated or unliquidated; no claim for…”

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

— 733.710(2) — 2 cases

Cook v. MillerCoors, LLC, 829 F. Supp. 2d 1208 (M.D. Fla. 2011).

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

— 733.710(3) — 4 cases

Hogan v. Howard, 716 So. 2d 286 (Fla. 2d DCA 1998).

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

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

Est. of Leon v. Wells Fargo Bank, N.A., 163 So. 3d 720 (Fla. 3d DCA 2015).

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