The Florida Senate

733.212  Notice of administration; filing of objections and claims.--

(1)  The personal representative shall promptly publish a notice of administration. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, and the name and address of the personal representative's attorney and state the date of first publication. The notice shall require all interested persons to file with the court:

(a)  All claims against the estate within the time periods set forth in s. 733.702, or be forever barred.

(b)  Any objection by an interested person on whom notice was served that challenges the validity of the will, the qualifications of the personal representative, venue, or jurisdiction of the court within the later of 3 months after the date of the first publication of the notice or 30 days after the date of service of a copy of the notice on the objecting person.

(2)  Publication shall be once a week for 2 consecutive weeks, two publications being sufficient, in a newspaper published in the county where the estate is administered or, if there is no newspaper published in the county, in a newspaper of general circulation in that county.

(3)  The personal representative shall serve a copy of the notice on the following persons who are known to the personal representative:

(a)  The decedent's surviving spouse;

(b)  Beneficiaries; and

(c)  The trustee of any trust described in s. 733.707(3), of which the decedent was grantor

in the manner provided for service of formal notice, unless served under s. 733.2123. The personal representative may similarly serve a copy of the notice on any devisees under a known prior will or heirs.

(4)(a)  The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and shall serve on those creditors a copy of the notice within 3 months after the first publication of the notice. Under s. 409.9101, the Agency for Health Care Administration is considered a reasonably ascertainable creditor in instances where the decedent had received Medicaid assistance for medical care after reaching 55 years of age. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part; a creditor whose claim has been paid in full; or a creditor whose claim is listed in a personal representative's timely proof of claim if the personal representative notified the creditor of that listing.

(b)  The personal representative is not individually liable to any person for giving notice under this subsection, regardless of whether it is later determined that such notice was not required by this section. The service of notice in accordance with this subsection shall not be construed as admitting the validity or enforceability of a claim.

(c)  If the personal representative in good faith fails to give notice required by this subsection, the personal representative is not liable to any person for the failure. Liability, if any, for the failure in such a case is on the estate.

(5)  Objections under paragraph (1)(b), by persons on whom notice was served, that are not filed within the later of 3 months after the date of first publication of the notice or 30 days after the date of service of a copy of the notice on the objecting person are forever barred.

(6)  Claims under paragraph (1)(a) are barred as provided in s. 733.702.

History.--s. 1, ch. 74-106; s. 60, ch. 75-220; s. 227, ch. 77-104; s. 3, ch. 88-340; s. 2, ch. 89-340; s. 2, ch. 90-23; s. 8, ch. 93-257; s. 7, ch. 95-401; s. 191, ch. 99-397.

Note.--Created from former s. 732.28.