Florida Statute 734.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 734
PROBATE CODE: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

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F.S. 734.101

734.101 Foreign personal representative.—

(1) Personal representatives who produce authenticated copies of probated wills or letters of administration duly obtained in any state or territory of the United States may maintain actions in the courts of this state.

(2) Personal representatives appointed in any state or country may be sued in this state concerning property in this state and may defend actions or proceedings brought in this state.

(3) Debtors who have not received a written demand for payment from a personal representative or curator appointed in this state within 90 days after appointment of a personal representative in any other state or country, and whose property in Florida is subject to a mortgage or other lien securing the debt held by the foreign personal representative, may pay the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative. Thereafter, a satisfaction of the mortgage or lien executed by the foreign personal representative, with an authenticated copy of the letters or other evidence of authority attached, may be recorded in the public records. The satisfaction shall be an effective discharge of the mortgage or lien, irrespective of whether the debtor making payment had received a written demand before paying the debt.

(4) Except as provided in s. 655.936, all persons indebted to the estate of a decedent, or having possession of personal property belonging to the estate, who have received no written demand from a personal representative or curator appointed in this state for payment of the debt or the delivery of the property are authorized to pay the debt or to deliver the personal property to the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative.

History.—s. 1, ch. 74-106; s. 98, ch. 75-220; s. 1028, ch. 97-102; s. 170, ch. 2001-226; s. 110, ch. 2002-1; s. 16, ch. 2007-74.

Note.—Created from former s. 734.30.

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Amendments to 734.101

Arrestable Offenses / Crimes under Fla. Stat. 734.101

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 734.101.

Annotations, Discussions, Cases:

Cases Citing Statute 734.101

Total Results: 4

Barfield v. Schmon

Court: District Court of Appeal of Florida | Date Filed: 1989-01-18

Citation: 537 So. 2d 1056, 14 Fla. L. Weekly 217, 1989 Fla. App. LEXIS 152, 1989 WL 2040

Snippet: Stat. (1987). The Florida Probate Code, section 734.-101(1), Florida Statutes (1987), provides that actions

Coates v. Martin-Young Private Investigative Agency, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1986-01-02

Citation: 482 So. 2d 438, 11 Fla. L. Weekly 99, 1986 Fla. App. LEXIS 5834

Snippet: received the assets in Maryland pursuant to section 734.101(4), Florida Statutes (1983), we reverse. In 1965

Price v. Metropolitan Transit Agency

Court: District Court of Appeal of Florida | Date Filed: 1984-12-11

Citation: 459 So. 2d 1180, 9 Fla. L. Weekly 2611, 1984 Fla. App. LEXIS 16623

Snippet: 400 So.2d 110 (Fla. 3d DCA 1981); §§ 46.021, 734.101, Fla.Stat. (1977); Fla.R.Civ.P. 1.260(a)(1), 1

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-06-21

Snippet: state through ancillary administration. Cf., s 734.101(4), F.S., authorizing persons in possession of