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Florida Statute 738.702 - Full Text and Legal Analysis
Florida Statute 738.702 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 738.702 Case Law from Google Scholar Google Search for Amendments to 738.702

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 738
UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT
View Entire Chapter
738.702 Apportionment of receipts and disbursements when decedent dies or income interest begins.
(1) A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which s. 738.601(2) applies, to principal if its due date occurs before the date on which:
(a) For an estate, the decedent died; or
(b) For a trust or successive interest, an income interest begins.
(2) If the due date of a periodic income receipt or disbursement occurs on or after the date on which a decedent died or an income interest begins, a fiduciary must allocate the receipt or disbursement to income.
(3) If an income receipt or disbursement is not periodic or has no due date, a fiduciary must treat the receipt or disbursement under this section as accruing from day to day. The fiduciary shall allocate to principal the portion of the receipt or disbursement accruing before the date on which a decedent died or an income interest begins, and shall allocate to income the balance.
(4) A receipt or disbursement is periodic under subsections (2) and (3) if:
(a) The receipt or disbursement must be paid at regular intervals under an obligation to make payments; or
(b) The payor customarily makes payments at regular intervals.
(5) An item of income or an obligation is due under this section on the date the payor is required to make a payment. If a payment date is not stated, there is no due date.
(6) Distributions to shareholders or other owners from an entity to which s. 738.401 applies are due:
(a) On the date fixed by or on behalf of the entity for determining the persons entitled to receive the distribution;
(b) If no date is fixed, on the date of the decision by or on behalf of the entity to make the distribution; or
(c) If no date is fixed and the fiduciary does not know the date of the decision by or on behalf of the entity to make the distribution, on the date the fiduciary learns of the decision.
(7) Section 733.817 controls over any provision of this chapter to the contrary.
History.s. 1, ch. 2002-42; s. 28, ch. 2012-49; s. 47, ch. 2024-216.

F.S. 738.702 on Google Scholar

F.S. 738.702 on CourtListener

Amendments to 738.702


Annotations, Discussions, Cases:

Cases Citing Statute 738.702

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Hill v. HCA Health Servs. of Florida, Inc., 582 So. 2d 701 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 6116

...her of these alternative requirements. Neither the appellee’s petition nor its post-hearing memorandum suggest that the appellee lacked timely, actual knowledge of all information necessary for it to have filed its claim within the time allowed by section 738.702....
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United Bank v. Est. of Frazee, 197 So. 3d 1190 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10780, 2016 WL 3745512

...The court declined based on Florida Rules of Judicial Administration 2.520 and 2.525, regarding the mandatory nature of electronic filing. We agree that the rules do not require the Clerk of Court to accept paper filings from an attorney, except in very specific circumstances, and affirm. Under section 738.702(1), Florida Statutes (2012), creditors must file any statements of claim against a decedent’s estate within three months of the first publication of the notice to creditors or within thirty days of being served with it, whichever is later....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.