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The Florida Senate

2009 Florida Statutes

Section 731.110, Florida Statutes 2009

731.110  Caveat; proceedings.--

(1)  Any person, including a creditor, who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without the person's knowledge may file a caveat with the court.

(2)  A caveat shall contain the decedent's social security number, last known residence address, and date of birth, if they are known, as identification, a statement of the interest of the caveator in the estate, the name and specific residence address of the caveator, and, if the caveator, other than a state agency, is a nonresident of the county, the additional name and specific residence address of some person residing in the county, or office address of a member of The Florida Bar residing in Florida, designated as the agent of the caveator, upon whom service may be made.

(3)  When a caveat has been filed by an interested person other than a creditor, the court shall not admit a will of the decedent to probate or appoint a personal representative until the petition for administration has been served on the caveator or the caveator's designated agent by formal notice and the caveator has had the opportunity to participate in proceedings on the petition, as provided by the Florida Probate Rules.

History.--s. 3, ch. 75-220; s. 2, ch. 77-87; s. 1, ch. 85-79; s. 2, ch. 92-200; s. 948, ch. 97-102; s. 9, ch. 2001-226; s. 2, ch. 2007-74.