The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 739
FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

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F.S. 739.601

739.601 Recording of disclaimer relating to real estate.—

(1) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real estate to which the disclaimer relates and unless the disclaimer is filed for recording in the office of the clerk of the court in the county or counties where the real estate is located.

(2) An effective disclaimer meeting the requirements of subsection (1) constitutes constructive notice to all persons from the time of filing. Failure to record the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.

History.—s. 1, ch. 2005-108.

F.S. 739.601 on Google Scholar

F.S. 739.601 on Casetext

Amendments to 739.601

Arrestable Offenses / Crimes under Fla. Stat. 739.601

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 739.601.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LEE, v. LEE,, 263 So. 3d 826 (Fla. App. Ct. 2019)

. . . Section 739.601 provides additional requirements if the disclaimer is to be recorded, thus providing . . . See § 739.601(1) - (2), Fla. Stat. (2014). . . . ." § 739.601(1), Fla. Stat. (2014). . . . disclaimant and persons to whom the property interest or power passes by reason of the disclaimer ." § 739.601 . . . , whether recorded or not, to contain a legal description, there would have been no need in section 739.601 . . .