Florida Statutes
Fla. Stat. § 738.702 (2025)
Apportionment of receipts and disbursements when decedent dies or income interest begins.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 3
cases, 1991–2016 · leading case: Howard B. Wald, Jr. v. State Farm Mut. Auto. Ins. Co., 556 F. App'x 933 (11th Cir. 2014).
Howard B. Wald, Jr. v. State Farm Mut. Auto. Ins. Co., 556 F. App'x 933 (11th Cir. 2014). “See Fla. Stat. § 738.702 (1) (barring claims against estates “unless filed in the probate proceeding on or before the later of’ three months after notice by publication or thirty days after service of notice, where service is required), 783.”
Hill v. HCA Health Servs. of Florida, Inc., 582 So. 2d 701 (Fla. 1st DCA 1991). “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. No evidence suggesting any lack of such knowledge was…”
United Bank v. Est. of Frazee, 197 So. 3d 1190 (Fla. 4th DCA 2016). “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.”
— 738.702(1) — 1 case
United Bank v. Est. of Frazee, 197 So. 3d 1190 (Fla. 4th DCA 2016). “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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.