CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 228 U.S.P.Q. (BNA) 19
...remained in the possession of Eastern or any other person. All copies were returned by October, 1978. On January 4, 1979, Southeast Bank filed a petition for discharge with an attached plan of distribution. The petition indicated, in accordance with section 733.901(1)(e), Florida Statutes (1977), that interested persons had thirty days in which to file objections to the report of receipts disbursements or the proposed distribution of assets....
...be tried. Holl,
191 So.2d 43-44. Southeast Bank did not meet its burden in this regard. Southeast Bank contends that its discharge in April, 1979, serves to bar the Van Dusens' breach of fiduciary duty claim. Southeast Bank bases its contention upon section
733.901(5), Florida Statutes (1977), which provides: "The discharge of the personal representative shall release the personal representative of the estate and shall bar any action against the personal representative, as such or individually, and his surety." Section
733.901(5) does not serve as an absolute bar to suits filed after the discharge of a personal representative. See Karpo v. Deitsch,
196 So.2d 180 (Fla. 3d DCA 1967) (construing section 734.23, Florida Statutes, the predecessor to section
733.901(5)); see also In re Estate of Bateman,
290 So.2d 528, 530 (Fla....
...s *91 acted in bad faith, or that the trustees concealed or failed to disclose any matters of substance, and, consequently, the trial court's order was upheld. In the instant case, Southeast Bank argues that the Van Dusens cannot avoid the effect of section 733.901(5) because they consented to Southeast Bank's discharge with full knowledge that Southeast Bank had transferred a copy of the manuscript to Eastern and that Eastern had retained a copy until October, 1978....
...We conclude that the legislature intended for a modified res judicata concept to be applicable in probate cases. Under this concept, the price of immunity is disclosure. If the personal representative has not disclosed its disposition of an asset of the estate, it is not entitled to the sanctuary provided by section 733.901(5), at least not where, as here, it is alleged that the asset was intentionally given away to a party who was not entitled thereto....
...[18] With regard to the portion of the claim which alleges that Southeast Bank breached its fiduciary duty by not obtaining a statutory copyright or a contract that would have resulted in the protection of the common law copyright, we conclude that such portion is barred by section 733.901(5)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1995 WL 253626
...e's bond for Richard. *1219 The defendants filed motions to dismiss the complaint. Richard's motion was the most detailed. He asserted seven grounds for dismissal, which we summarize as follows: (1) failure to state a cause of action; (2) the bar of section 733.901(5), Florida Statutes (1991); (3) failure to seek revocation of the order of discharge in the probate case; (4) laches; (5) the deeds attached to the motion to dismiss negated his cause of action; (6) the fact that Thomas was not entit...
...grounds. As previously noted, the motion was granted on the basis of res judicata. Res judicata is a defense that must be affirmatively set forth. Fla.R.Civ.P. 1.110(d). Although Richard did not specifically mention res judicata, he did assert that section 733.901(5) barred Thomas's complaint....
...Post,
613 So.2d 563 (Fla. 2d DCA 1993). Not only did the lower court err in dismissing the complaint based on a procedurally incorrect motion, we are not able to determine, on this scant record, whether the defense of the statutory bar has merit. While section
733.901(5) might be applicable to certain of the allegations against Richard and to Ohio Casualty if it had raised this defense, it has no application to Margaret....
...Moreover, the complaint alleged that Richard fraudulently induced his father to deed real property to him before the father's death. Richard was obviously not his father's personal representative at that time, and, as such, the statute would seemingly have no bearing on these assertions. We also note that section 733.901(5) is not an absolute bar to suits filed after discharge....
...Van Dusen v. Southeast First National Bank of Miami,
478 So.2d 82 (Fla. 3d DCA 1985) (suit that alleged personal representative did not disclose disposition of an asset and had intentionally given the asset to party not entitled to it not barred by section
733.901(5))....
CopyCited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732
...Statutory References §
38.22, Fla. Stat. Power to punish contempts. §
38.23, Fla. Stat. Contempts defined. §
733.5036, Fla. Stat. Accounting and discharge following resignation. §
733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. §
733.901, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
...Resignation of personal representative.
733.613, Fla.Stat. Personal representative's right to sell real property.
733.6175, Fla.Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
733.901, Fla.Stat....
...to cover all fees. Committee notes revised. Statutory References
731.302, Fla.Stat. Waiver and consent by interested person.
731.303, Fla.Stat. Representation.
733.6171, Fla.Stat. Compensation of attorney for the personal representative
733.901, Fla.Stat....
...___________ Subtotal $____________ V. Capital Transactions and Adjustments Schedule D: Net Gain or (Loss) $____________ VI. Assets on Hand at Close of Accounting Period Schedule E: Cash and Other Assets $____________ Refer to Florida Probate Code, F.S. 733.901(1) and to FPR 5.330(b); 5.345; 5.346; and 5.400....
...he final accounting, petition for discharge, plan of distribution, or compensation in rule 5.401. 1988 Revision: Subdivision (b)(1) is deleted to avoid duplication with rule 5.346. Subdivision (c) is amended to add the 12-month time specification of section 733.901(1), Florida Statutes....
...Waiver and consent by interested person.
733.809, Fla.Stat. Right of retainer.
733.810, Fla.Stat. Distribution in kind; valuation.
733.811, Fla.Stat. Distribution; right or title of distributee.
733.812, Fla.Stat. Improper distribution; liability of distributee.
733.901, Fla.Stat....
...ce, not the actual hearing date. Statutory References
731.201(10), (21), Fla.Stat. General definitions.
733.6175, Fla.Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
733.901, Fla.Stat....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 267996
...to be other relatives who were residents of Latvia. However, no notice of administration, see §
733.212(3) Fla. Stat. (1989), no notice of further proceedings, see Fla.R.P. & G. 5.060, and no copy of petition for discharge and final accounting, see §
733.901(1), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 8012, 2004 WL 1237199
...If what the trial court does while the appeal is pending cannot affect or interfere with the subject matter of the appeal, then the trial court can act. See Bailey v. Bailey,
392 So.2d 49 (Fla. 3d DCA 1981); see also Jordon v. State,
631 So.2d 362 (Fla. 1st DCA 1994). Section
733.901(2), Florida Statutes (2003), specifically bars a subsequent action against a personal representative upon the discharge of the personal representative....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...n and personal jurisdiction, and that the action is barred by the statute of limitations as the action was not brought within one year from date of discharge of the executors. Sections
95.031(2) and
95.11(3), Florida Statutes and Section 734.23 (now section
733.901), Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...However, two
years before Appellant filed his suit, Barnard was discharged as
the personal representative (PR) of the estate after the probate
court approved the final accounting and distributions. See Fla.
Prob. R. 5.401(f). Based on the res judicata effect of the final
orders in the earlier probate case, and on section 733.901, Florida
Statutes, the trial court entered summary judgment for the
defendants in Appellant’s subsequent action....
...Because there were
no genuine disputes of material fact and the defendants were
entitled to judgment as a matter of law, we affirm the summary
judgment. Regarding defendant Jelks & White, we affirm
without further comment. We write only to discuss the
application of section 733.901 as a bar to Appellant’s lawsuit
against Bernard.
The facts material to the trial court’s application of section
733.901(2) were undisputed....
...Upon the PR’s report of distribution, the probate court
entered its order of discharge of Barnard on February 17, 2015.
Neither order was appealed. See Fla. R. App. P. 9.170(b) (setting
forth a number of appealable orders in probate cases).
Section 733.901(2) provides: “The discharge of the personal
representative shall release the personal representative and shall
bar any action against the personal representative, as such or
individually, and the surety.” Accordingly, absent facts in the
record justifying an exception to the general statutory rule, the
trial court correctly entered summary judgment in favor of
Barnard as a matter of law pursuant to section 733.901.
Appellant argues that the trial court’s summary judgment
based on section 733.901 and res judicata must be reversed to
avoid manifest injustice and under the exceptions to the
statutory bar for cases where fraud and intentional
misrepresentation are shown. Appellant raised this issue in the
trial proceedings, and the summary judgment on appeal
addresses it, so the issue is preserved for appellate review.
Appellant correctly asserts that section 733.901 “does not
serve as an absolute bar to the suits filed after the discharge of
the personal representative.” Van Dusen v....
...objection or claim prior to discharge). Likewise, where the PR
conceals its intentional transfer of an estate asset by failing to
report the distribution in the petition for distribution or
otherwise, the PR “is not entitled to the sanctuary provided by”
section 733.901....
...2d at 91.
The record in this case fails to support any concealment of
any estate asset or distribution from the court or from Appellant
which prevented Appellant from raising his objection prior to the
order of discharge so as to remove Appellant’s lawsuit from the
application of section 733.901(2)....
...approving and
authorizing the PR to act despite Appellant’s objections
constituted denials of the objections. The trial court correctly
determined that the lawsuit filed two years after closure of the
probate case was barred as res judicata and by section
733.901(2)....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...Resignation of personal representative. §
733.613, Fla. Stat. Personal representative's right to sell real property. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
733.901, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...Resignation of personal representative. §
733.613, Fla. Stat. Personal representative's right to sell real property. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
733.901, Fla....
...he final accounting, petition for discharge, plan of distribution, or compensation in rule 5.401. 1988 Revision: Subdivision (b)(1) is deleted to avoid duplication with rule 5.346. Subdivision (c) is amended to add the 12-month time specification of section 733.901(1), Florida Statutes....
...§
733.809, Fla. Stat. Right of retainer. §
733.810, Fla. Stat. Distribution in kind; valuation. §
733.811, Fla. Stat. Distribution; right or title of distributee. §
733.812, Fla. Stat. Improper distribution or payment; liability of distributee or payee. §
733.901, Fla....
...2007 Revision: Committee notes revised. Statutory References §
731.201(10), (21)(12), (23), Fla. Stat. General definitions. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation *156 of personal representatives and employees of estate. §
733.901, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1989 WL 6220
...sband in New York; b) appointing an administrator ad litem; c) requiring that at least annually, the final accounting and petition for discharge be extended only for good cause, embodied in a written order after notice to all interested parties, see § 733.901(1)(e), Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...Resignation of personal representative. §
733.613, Fla. Stat. Personal representative’s right to sell real property. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
733.901, Fla....
...he final accounting, petition for discharge, plan of distribution, or compensation in rule 5.401. 1988 Revision: Subdivision (b)(1) is deleted to avoid duplication with rule 5.346. Subdivision (c) is amended to add the 12-month time specification of section 733.901(1), Florida Statutes....
...§
733.809, Fla. Stat. Right of retainer. §
733.810, Fla. Stat. Distribution in kind; valuation. §
733.811, Fla. Stat. Distribution; right or title of distributee. §
733.812, Fla. Stat. Improper distribution or payment; liability of distributee or payee. §
733.901, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...statute. Rule History 1977 Revision: Change in committee notes. 1984 Revision: Extensive editorial changes. Committee notes revised and expanded. Statutory References F.S.
38.22-38.23 Contempt. F.S.
733.502 Resignation of personal representative. F.S.
733.901 Distribution; final discharge....
...731.-302 inserted as new (l)(f), and a new requirement that the waiver be in writing has been added. Editorial changes. Committee notes expanded. Citation form changes in committee notes. Statutory References F.S.
731.302 Waiver and consent by interested person. F.S.
733.901 Distribution; final discharge....
...ts of administration. 1977 Revision: Citation form change in committee note. 1988 Revision: Editorial changes. Citation form changes in committee notes. OLD RULE: Same as old FPR 5.241. Statutory References As to: (1) F.S.
733.604 (Inventory). (2) F.S.
733.901 (Accounting)....
...Change in (e) of prior rule to require any person filing an objection to set forth the basis of such objection. 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Citation form change in committee notes. Statutory Reference F.S. 733.901 Distribution; final discharge....
...personal representative of the estate of _, deceased, from -, 19—, through _, 19_ Executed this_day of_, 19_ Attorney for Personal Representative _ Florida Bar No. _ _ Personal Representative (address) Telephone: _ Refer to Florida Probate Code, F.S. 733.901(1) and to F.R.P....
...Committee Notes The purpose of the rule is to require notification to the court and all interested persons that the time for closing the estate is extended when a federal estate tax return is required. Rule History 1984 Revision: New rule. 1988 Revision: Citation form change in committee notes. Statutory Reference F.S. 733.901(1) Distribution; final discharge....
...the final accounting, petition for discharge, plan of distribution or compensation in FPR 5.401. 1988 Revision: Subparagraph (b)(1) is deleted to avoid duplication with FPR 5.346. Paragraph (c) is amended to add the 12-month time specification of F.S. 733.901(1)....
...731.302 Waiver and consent by interested person. F.S.
733.809 Right of retainer. F.S.
733.810 Distribution in kind; valuation. F.S.
733.811 Distribution; right or title of distributee. F.S.
733.812 Improper distribution; liability of distributee. F.S.
733.901 Distribution; final discharge....
...1988 Revision: Editorial changes in (a). Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. F.S.
733.901 Distribution; final discharge....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...tute. Rule History 1977 Revision: Change in committee notes. 1984 Revision: Extensive editorial changes. Committee notes revised and expanded. Statutory References F.S.
38.22 —
38.23 Contempt. F.S.
733.502 Resignation of personal representative. F.S.
733.901 Distribution; final discharge....
...731.-302 inserted as new (l)(f), and a new requirement that the waiver be in writing has been added. Editorial changes. Committee notes expanded. Citation form changes in committee notes. Statutory References F.S.
731.302 Waiver and consent by interested person. F.S.
733.901 Distribution; final discharge....
...Committee Notes 1975 Revision: Where the jurisdiction of the court is invoked voluntarily pursuant to F.S.
733.603, or otherwise, the rule requires that the personal representative have actual knowledge of the more important steps and acts of administration. Statutory References: As to: (1) F.S.
733.604 (Inventory). (2) F.S.
733.901 (Accounting)....
...Change in (e) of prior rule to require any person filing an objection to set forth the basis of such objection. 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Citation form change in committee notes. Statutory Reference F.S. 733.901 Distribution; final discharge....
...o the court and all interested persons that the time for closing the estate is extended when a federal estate tax return is required. Rule History 1984 Revision: New rule. 1988 Revision: Citation form change in committee notes. Statutory Reference F.S. 733.901(1) Distribution; final discharge....
...731.302 Waiver and consent by interested persons. F.S.
733.809 Right of retainer. F.S.
733.810 Distribution in kind;' valuation. F.S.
733.811 Distribution; right or title of distributee. F.S.
733.812 Improper distribution; liability of distributee. F.S.
733.901 Distribution; final discharge....
...*1318 1988 Revision: Editorial changes in (a). Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. F.S.
733.901 Distribution; final discharge....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...Resignation of personal representative. §
733.613, Fla. Stat. Personal representative’s right to sell real property. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
733.901, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Committee notes revised. Citation form changes in rule and committee notes. Statutory References F4S4
731.104, Fla.Stat. Verification of documents. General defini-⅛⅜§
731.201, Fla.Stat. tions. ⅜⅜⅛
738.202, Fla.Stat. Petition.
733.604(2), Fla.Stat. Inventory. §
733.901, Fla.Stat....
...Resignation of personal representative. §
733.613, Fla.Stat. Personal representative’s right to sell real property. §
733.6175, Fla.Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
733.901, Fla.Stat....
...Committee notes revised. Citation form changes in committee notes. Statutory References ¾⅛⅛
38.22 — 38,23, Fla.Stat. Contempt-Power to punish contempts. §
38.23, Fla.Stat. Contempts defined. RSt§
733.502, Fla.Stat. Resignation of personal representative.
733.901, Fla.Stat....
...Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References
731.302, Fla.Stat. Waiver and consent by interested person. §
731.303, Fla.Stat. Representation.
733.901, Fla.Stat....
...1983 Revision: Editorial changes. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. OLD- RULE: Same -as old FPR 5.241. Statutory References As -to; (1) F.S.
733.604 (Inventory)* (2) -F-.S.
733.901 (Accounting), (3) F.S....
...§
733.604, Fla.Stat. Inventory. §
733.612(5), (22), (24), Fla.Stat. Transactions authorized for the personal representative: exceptions. §
733.613, FIa.Stat. Personal representative's right to sell real property. §
733.708, Fla.Stat. Compromise. §
733.901, Fla.Stat....
...jection. 1984 Revision: Extensive change. Committee notes revised. 1988 Revision: Citation form change in committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. Statutory References F4§4 733.901, Fla.Stat....
...edules are true, to the best of my knowledge and belief, and that it is a complete report of all cash and property transactions and of all receipts and disbursements by me as personal representa- *1342 [[Image here]] Refer to Florida Probate Code, F.S. 733.901(1) and to F.R.P & G....
...is required. Rule History 1984 Revision: New rule. 1988 Revision: Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 733.401, Fla.Stat. Issuance of letters. 733.901(1), Fla.Stat....
...The committee has included the procedure for filing and serving of objections to the final accounting, petition for discharge, plan of distribution or compensation in FPRrule 5.401. (b)(1) is deleted to avoid duplication with FPRrule 5.346. Paragr-aphSubdivision (c) is amended to add the 12-month time specification of FrSrSection 733.901(1), Florida Statutes....
...733.809, Fla.Stat. Right of retainer. FtSt§
733.810, Fla.Stat. Distribution in kind; valuation.
733.811, Fla.Stat. Distribution; right or title of distributee. Ft&$
733.812, Fla.Stat. Improper distribution; liability of distributee. ¡¾⅜⅛
733.901, Fla.Stat....
...Citation form changes in committee notes. Statutory References §
731.201(10), (21), Fla.Stat. General definitions.
733.6175, Fla.Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
733.901, Fla.Stat....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...Capacity; appointment of guardian advocate. §
731.104, Fla. Stat. Verification of documents. §
731.201, Fla. Stat. General definitions. §
733.202, Fla. Stat. Petition. §
733.604(1), Fla. Stat. Inventory Inventories and accountings; public records exemptions. §
733.901, Fla....
...InventoryInventories and accountings; public records exemptions. §
733.612(5), (22), (24), Fla. Stat. Transactions authorized for the personal representative; exceptions. §
733.613, Fla. Stat. Personal representative's right to sell real property. §
733.708, Fla. Stat. Compromise. §
733.901, Fla....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...te. Rule History 1977 Revision: Change in committee notes. 1984 Revision: Extensive editorial changes. Committee notes revised and expanded. *1089 Statutory References F.S.
38.22-38.23 Contempt. F.S.
733.502 Resignation of personal representative. F.S.
733.901 Distribution; final discharge....
...arifies right to waive service of notice of administration. 1984 Revision: Extends waiver to disclosure of compensation and distribution of assets. Committee notes revised. Statutory References F.S.
731.302 Waiver and consent by interested person. F.S.
733.901 Distribution; final discharge....
...1980 Revision: Change in (d) of prior rule to require the notice to state that the basis for an objection is necessary. Change in (e) of prior rule to require any person filing an objection to set forth the basis of such objection. 1984 Revision. Extensive changes. Committee notes revised. Statutory Reference F.S. 733.901 Distribution; final discharge....
...Committee Notes The purpose of the rule is to require notification to the court and all interested persons that the time for closing the estate is extended when a federal estate tax return is required. Rule History 1984 Revision: New rule. Statutory Reference F.S. 733.901(1) Distribution; final discharge....
...731.302 Waiver and consent by interested persons. F.S.
733.809 Right of retainer. F.S.
733.810 Distribution in kind; valuation. F.S.
733.811 Distribution; right or title of distributee. F.S.
733.812 Improper distribution; liability of distributee. F.S.
733.901 Distribution; final discharge....
...Objections to the petition for discharge or final aceount-ing were formerly under prior rule 5.400. Clarifies procedure for objections. Statutory References F.S.
733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. F.S.
733.901 Distribution; final discharge....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...Resignation of personal representative. §
733.5035, Fla. Stat. Surrender of assets after resignation. §
733.5036, Fla. Stat. Accounting and discharge following resignation. §
733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. §
733.901, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...6,000 to satisfy
his portion of the probate proceeds.” In the challenged order dismissing
Hannan’s complaint, the trial court took judicial notice of the probate records
in the estate case and determined that Hannan’s claims were barred by
section 733.901 of Florida’s Probate Code 2 and res judicata....
...representative shall be discharged.
(2) The discharge of the personal representative shall release
the personal representative and shall bar any action against
the personal representative, as such or individually, and the
surety.
§ 733.901, Fla....
...4th DCA 2001) (“Although res judicata and collateral estoppel are
affirmative defenses which cannot ordinarily be raised by motion to dismiss,
an exception is made when the face of the complaint is sufficient to
demonstrate the existence of the defense.”); see also §
733.901(2), Fla. Stat.
(2020); Sims v. Barnard,
257 So. 3d 630, 631-32 (Fla. 1st DCA 2018)
(recognizing that, absent allegations of fraud by concealment or other
wrongful acts, section
733.901 generally bars suits against a personal
representative after the discharge of the personal representative); Carraway
v. Carraway,
883 So. 2d 834, 835 (Fla. 1st DCA 2004) (“Section
733.901(2),
Florida Statutes (2003), specifically bars a subsequent action against a
personal representative upon the discharge of the personal representative.
Although section
733.903 and Florida Probate Rule 5.460(a) allow further
admin...
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Citation form changes in rule and committee notes. 2003 Revision: Committee notes revised. Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201, Fla. Stat. General definitions. §
733.202, Fla. Stat. Petition. §
733.604(21), Fla. Stat. Inventory. §
733.901, Fla....
...Resignation of personal representative. §
733.613, Fla. Stat. Personal representative’s right to sell real property. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
733.901, Fla....
...Contempts defined. §
733.502, Fla. Stat. Resignation of personal representative. §
733.5036, Fla. Stat. Accounting and discharge following resignation. §
733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. §
733.901, Fla....
...Committee notes revised. 2003 Revision: Committee notes revised. Statutory References §
731.302, Fla. Stat. Waiver and consent by interested person. §
731.303, Fla. Stat. Representation. §
733.6171, Fla. Stat. Compensation of attorney for the personal representative. §
733.901, Fla....
...§
733.604, Fla. Stat. Inventory. §
733.612(5), (22), (24), Fla. Stat. Transactions authorized for the personal representative; exceptions. §
733.613, Fla. Stat. Personal representative’s right to sell real property. §
733.708, Fla. Stat. Compromise. §
733.901, Fla....
...1988 Revision: Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory-References ■§ — 7-3340-1-,--F-la—Stat.—Issuance of letters. ■§ 733.901(1), Fla....
...he final accounting, petition for discharge, plan of distribution, or compensation in rule 5.401. 1988 Revision: Subdivision (b)(1) is deleted to avoid duplication with rule 5.346. Subdivision (c) is amended to add the 12-month time specification of section 733.901(1), Florida Statutes....
...§
733.809, Fla. Stat. Right of retainer. §
733.810, Fla. Stat. Distribution in kind; valuation. §
733.811, Fla. Stat. Distribution; right or title of distributee. §
733.812, Fla. Stat. Improper distribution or payment; liability of distributee or payee. *1128 §
733.901, Fla....
...2003 Revision: Committee notes revised. Statutory References §
731.201(10), (21), Fla. Stat. General definitions. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and com *1129 pensation of personal representatives and employees of estate. §
733.901, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.104, Fla. Stat. Verification of documents. §
731.201, Fla. Stat. General definitions. §
733.202, Fla. Stat. Petition. §
733.604(1), Fla. Stat. Inventory. §
733.901, Fla....
...Resignation of personal representative. §
733.613, Fla. Stat. Personal representatives right to sell real property. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
733.901, Fla....
...Contempts defined. §
393.12(2)(h), Fla. Stat. Capacity; appointment of guardian advocate. §
733.5036, Fla. Stat. Accounting and discharge following resignation. §
733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. §
733.901, Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...Resignation of personal representative. §
733.613, Fla. Stat. Personal representative’s right to sell real property. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and com *738 pensation of personal representatives and employees of estate. §
733.901, Fla....
...ontents of waiver. Committee notes revised. Statutory References §
731.302, Fla. Stat. Waiver and consent by interested person. §
731.303, Fla. Stat. Representation. §
733.6171, Fla. Stat. Compensation of attorney for the personal representative. §
733.901, Fla....
...he final accounting, petition for discharge, plan of distribution, or compensation in rule 5.401. 1988 Revision: Subdivision (b)(1) is deleted to avoid duplication with rule 5.346. Subdivision (c) is amended to add the 12-month time specification of section 733.901(1), Florida Statutes....
...§
733.809, Fla. Stat. Right of retainer. §
733.810, Fla. Stat. Distribution in kind; valuation. §
733.811, Fla. Stat. Distribution; right or title of distributee. §
733.812, Fla. Stat. Improper distribution or payment; liability of distributee or payee. §
733.901, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 17481, 2001 WL 1576642
...The co-personal representatives maintain that although diligently pursued, the remediation of the property has not been completed. Throughout the administration of the Estate, the co-personal representatives petitioned the court for extensions of time to file a final accounting and petition for discharge pursuant to section 733.901, Florida Statutes, to which the beneficiaries never objected....
