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Florida Statute 733.706 | Lawyer Caselaw & Research
F.S. 733.706 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 733.706

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
F.S. 733.706
733.706 Executions and levies.Except upon approval by the court, no execution or other process shall issue on or be levied against property of the estate. An order approving execution or other process to be levied against property of the estate may be entered only in the estate administration proceeding. Claims on all judgments against a decedent shall be filed in the same manner as other claims against estates of decedents. This section shall not be construed to prevent the enforcement of mortgages, security interests, or liens encumbering specific property.
History.s. 1, ch. 74-106; s. 86, ch. 75-220; s. 8, ch. 89-340.
Note.Created from former s. 733.19.

F.S. 733.706 on Google Scholar

F.S. 733.706 on Casetext

Amendments to 733.706


Arrestable Offenses / Crimes under Fla. Stat. 733.706
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.706.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE ESTATE OF ARROYO, Jr. a a v. INFINITY INDEMNITY INSURANCE COMPANY, a, 211 So. 3d 240 (Fla. Dist. Ct. App. 2017)

. . . Section 733.706 specifies that “[c]laims on all judgments against a decedent shall be filed in the same . . . valid or enforceable against the estate because it “was not filed in the Estate, violating section 733.706 . . .

GOLDSTEIN E. Co- A. v. BRASWELL,, 987 So. 2d 123 (Fla. Dist. Ct. App. 2008)

. . . See § 733.706, Fla. Stat. (2006); May v. Ill. Nat’l Ins. Co., 771 So.2d 1143 (Fla.2000); Castro v. . . .

CASTRO, Sr. L. v. EAST PASS ENTERPRISES, INC., 881 So. 2d 699 (Fla. Dist. Ct. App. 2004)

. . . See § 733.706, Fla. Stat. (2000); May v. Illinois Nat’l Ins. Co., 771 So.2d 1143, 1154 (Fla.2000). . . .

J. MURRAY, v. NATIONSBANK OF FLORIDA, N. A. PG C Co., 846 So. 2d 548 (Fla. Dist. Ct. App. 2003)

. . . It was replaced by the predecessor to the current section 733.706, Florida Statutes (2002). . . . See § 733.706, Fla. Stat. Ann., Historical and Statutory Notes. . . . Section 733.706 is directly applicable. . . . Complying with section 733.706, the probate judge’s order provides that any payment out of the estate . . . Section 733.706 is the type of express statute required by Post and Flanary to change the common law . . .

R. MAY, Ad T. v. ILLINOIS NATIONAL INSURANCE COMPANY,, 771 So. 2d 1143 (Fla. 2000)

. . . necessarily render a judgment obtained in that action recoverable from an estate, however, because section 733.706 . . . Howard, 716 So.2d 286, 288 (Fla. 2d DCA 1998), under section 733.706, “a judgment holder is not free . . .

HOGAN, v. HOWARD,, 716 So. 2d 286 (Fla. Dist. Ct. App. 1998)

. . . that a claim on a judgment is treated differently than other claims because of language in section 733.706 . . . Contrary to the probate court’s ruling, we do not read section 733.706 to give judgments any special . . . Section 733.706 provides: Except upon approval by the court, no execution or other process shall issue . . . Nothing in section 733.706 suggests that the personal representative cannot object to such a claim in . . .

FINIZIO, v. SHUBOW,, 557 So. 2d 640 (Fla. Dist. Ct. App. 1990)

. . . judgment was not a perfected security interest and, thus, does not fall within the exception to section 733.706 . . .

T. VELZY, v. ESTATE OF MILLER W., 502 So. 2d 1297 (Fla. Dist. Ct. App. 1987)

. . . Former section 733.19 now exists as section 733.706, but does not exempt claims to specific property . . . There are still a few specific exceptions set out in section 733.702(3) and 733.706, but those exceptions . . .

CALDWELL, v. H. V. TREO,, 491 So. 2d 622 (Fla. Dist. Ct. App. 1986)

. . . execution, without prejudice to the appellee to seek execution in the probate court pursuant to section 733.706 . . .

In ESTATE G. LUNGA, S. KORSCHUN, H. J. v. A. KOPPEN, G., 360 So. 2d 109 (Fla. Dist. Ct. App. 1978)

. . . Section 733.706, Florida Statutes (1977). . . .