Skip to Navigation | Skip to Main Content | Skip to Site Map

MyFloridaHouse.gov | Mobile Site

Senate Tracker: Sign Up | Login

The Florida Senate

2024 Florida Statutes

Title XLII ESTATES AND TRUSTS
Chapter 732 PROBATE CODE: INTESTATE SUCCESSION AND WILLS Entire Chapter
SECTION 2211
Demands or disputes; statute of repose.
F.S. 732.2211
732.2211 Demands or disputes; statute of repose.—
(1)(a) Any demand or dispute arising, wholly or partly, under ss. 732.216-732.228 regarding any right, title, or interest in any property held by the decedent or surviving spouse at the time of the decedent’s death shall be determined in an action for declaratory relief governed by the rules of civil procedure. Notwithstanding any other law, a complaint for such action must be filed within 2 years after the decedent’s death or be forever barred.
(b) An action for declaratory relief instituted pursuant to this section is not a claim, as defined in s. 731.201, and is not subject to ss. 733.701-733.710.
(2) The personal representative or curator has no duty to discover whether property held by the decedent or surviving spouse at the time of the decedent’s death is property to which ss. 732.216-732.228 apply, or may apply, unless a written demand is made by:
(a) The surviving spouse or a beneficiary within 6 months after service of a copy of the notice of administration on the surviving spouse or beneficiary.
(b) A creditor, except as provided in paragraph (c), within 3 months after the time of the first publication of the notice to creditors.
(c) A creditor required to be served with a copy of the notice to creditors, within the later of 30 days after the date of service on the creditor or the time under paragraph (b).
(3) The rights of any interested person who fails to timely file an action for declaratory relief pursuant to this section are forfeited. The decedent’s surviving spouse, personal representative or curator, or any other person or entity that at any time is in possession of any property to which ss. 732.216-732.228 apply, or may apply, shall not be subject to liability for any such forfeit rights. The decedent’s personal representative or curator may distribute the assets of the decedent’s estate without liability for any such forfeit rights.
(4) This section does not affect any issue or matter not arising, wholly or partly, under ss. 732.216-732.228.
History.—s. 6, ch. 2024-238.