Florida Statute 735.206 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 735
PROBATE CODE: SMALL ESTATES

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F.S. 735.206

735.206 Summary administration distribution.—

(1) Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate.

(2) Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available.

(3) The court may enter an order of summary administration allowing immediate distribution of the assets to the persons entitled to them.

(4) The order of summary administration and distribution so entered shall have the following effect:

(a) Those to whom specified parts of the decedent’s estate, including exempt property, are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them. They may maintain actions to enforce the right.

(b) Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedent’s estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property.

(c) After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries.

(d) Property of the decedent that is not exempt from claims of creditors and that remains in the hands of those to whom it may be assigned by the order shall continue to be liable for claims against the decedent until barred as provided in the code. Any known or reasonably ascertainable creditor who did not receive notice and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded reasonable attorney’s fees as an element of costs against those who joined in the petition.

(e) The recipients of the decedent’s property under the order of summary administration shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida.

(f) After 2 years from the death of the decedent, neither the decedent’s estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim.

(g) Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings against those who procured the order and, if successful, shall be awarded reasonable attorney’s fees as an element of costs.

History.—s. 1, ch. 74-106; s. 108, ch. 75-220; s. 48, ch. 77-87; s. 1, ch. 77-174; s. 14, ch. 89-340; s. 1035, ch. 97-102; s. 181, ch. 2001-226.

Note.—Created from former s. 735.07.

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Amendments to 735.206

Arrestable Offenses / Crimes under Fla. Stat. 735.206

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 735.206.

Annotations, Discussions, Cases:

Cases Citing Statute 735.206

Total Results: 13

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: governed by rules 5.020, 5.040, and 5.041. Section 735.206(2), Florida Statutes, relating to diligent search

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: governed by rules 5.020, 5.040, and 5.041. Section 735.206(2), Florida Statutes, relating to diligent search

Wallace v. Watkins

Court: District Court of Appeal of Florida | Date Filed: 2018-08-13

Citation: 253 So. 3d 1204

Snippet: addition, the summary administration statute, section 735.206, Florida Statutes (2016), has its own nonclaim

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-07-05

Citation: 959 So. 2d 1170, 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256

Snippet: (a)(3) amended to include requirements of section 735.206(2), Florida Statutes. 2007 Revision: Rule substantially

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2005-09-29

Citation: 912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Snippet: governed by rules 5.020, 5.040, and 5.041. Section 735.206(2), Florida Statutes, relating to diligent search

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: governed by rules 5.020, 5.040, and 5.041. Section 735.206(2), Florida Statutes, relating to diligent search

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2002-05-02

Citation: 824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Snippet: governed by rules 5.020, 5.040, and 5.041. Section 735.206(2), Florida Statutes, relating to diligent search

Correa v. Christensen

Court: District Court of Appeal of Florida | Date Filed: 2001-02-09

Citation: 780 So. 2d 220, 2001 WL 111333

Snippet: estate had been closed for some time. Section 735.206(3)(e), Florida Statutes, states: (e) The petitioners

Moreno v. Thompson

Court: District Court of Appeal of Florida | Date Filed: 1984-10-16

Citation: 456 So. 2d 976, 9 Fla. L. Weekly 2203, 1984 Fla. App. LEXIS 15553

Snippet: in ruling that the claim is barred by Section 735.206(3)(f), Florida Statutes (1981). No error having

Ago

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

Snippet: decedent's estate assigned to them by the order and s 735.206(3)(b), F.S., making identical provision for delivering

Briscoe v. FLORIDA NAT. BANK OF MIAMI

Court: District Court of Appeal of Florida | Date Filed: 1981-02-17

Citation: 394 So. 2d 492

Snippet: Stat. (1979)], pass by summary administration [§ 735.206, Fla. Stat. (1979)], or by disposition without

In re Supplemental Petition for Changes in the Florida Rules of Probate & Guardianship Procedure

Court: Supreme Court of Florida | Date Filed: 1977-03-31

Citation: 344 So. 2d 828, 1977 Fla. LEXIS 3890

Snippet: revision. Implements FPC 735.201, 735.202, 735.-203, 735.206, and 735.209. Establishes, the requirements of

In re Florida Rules of Probate & Guardianship Procedure

Court: Supreme Court of Florida | Date Filed: 1975-12-17

Citation: 324 So. 2d 38, 1975 Fla. LEXIS 4473

Snippet: Note: Implements FPC 735.201, 735.202, 735.-203, 735.206, and 735.209. Establishes the requirements of a