The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 735
PROBATE CODE: SMALL ESTATES

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F.S. 735.206

735.206 Summary administration distribution.—

(1) Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate.

(2) Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available.

(3) The court may enter an order of summary administration allowing immediate distribution of the assets to the persons entitled to them.

(4) The order of summary administration and distribution so entered shall have the following effect:

(a) Those to whom specified parts of the decedent’s estate, including exempt property, are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them. They may maintain actions to enforce the right.

(b) Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedent’s estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property.

(c) After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries.

(d) Property of the decedent that is not exempt from claims of creditors and that remains in the hands of those to whom it may be assigned by the order shall continue to be liable for claims against the decedent until barred as provided in the code. Any known or reasonably ascertainable creditor who did not receive notice and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded reasonable attorney’s fees as an element of costs against those who joined in the petition.

(e) The recipients of the decedent’s property under the order of summary administration shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida.

(f) After 2 years from the death of the decedent, neither the decedent’s estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim.

(g) Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings against those who procured the order and, if successful, shall be awarded reasonable attorney’s fees as an element of costs.

History.—s. 1, ch. 74-106; s. 108, ch. 75-220; s. 48, ch. 77-87; s. 1, ch. 77-174; s. 14, ch. 89-340; s. 1035, ch. 97-102; s. 181, ch. 2001-226.

Note.—Created from former s. 735.07.

F.S. 735.206 on Google Scholar

F.S. 735.206 on Casetext

Amendments to 735.206

Arrestable Offenses / Crimes under Fla. Stat. 735.206

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 735.206.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WALLACE, J. v. WATKINS, Sr., 253 So. 3d 1204 (Fla. App. Ct. 2018)

. . . In addition, the summary administration statute, section 735.206, Florida Statutes (2016), has its own . . . the order and, if successful, shall be awarded reasonable attorney's fees as an element of costs. § 735.206 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . Committee notes revised. 2005 Revision: Subdivision (a)(3) amended to include requirements of section 735.206 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for . . . Committee notes revised. 2005 Revision: Subdivision (a)(3) amended to include requirements of section 735.206 . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for . . .

J. CORREA, v. M. CHRISTENSEN,, 780 So. 2d 220 (Fla. Dist. Ct. App. 2001)

. . . Section 735.206(3)(e), Florida Statutes, states: (e) The petitioners for the order of summary administration . . .

PENGUIN BOOKS USA INC. R. v. E. WALSH,, 756 F. Supp. 770 (S.D.N.Y. 1991)

. . . . § 735.206, 28 C.F.R. § 45.735-12(b) and (c), and Toobin’s contractual and fiduciary duties to the OIC . . . defendants seek a declaration that under DR 4-101 of the Code of Professional Responsibility, 5 C.F.R. § 735.206 . . . Those regulations are cited as follows: 5 C.F.R. § 735.206: “For the purpose of furthering a private . . .

MORENO, v. THOMPSON,, 456 So. 2d 976 (Fla. Dist. Ct. App. 1984)

. . . We hold that the trial judge was correct in ruling that the claim is barred by Section 735.206(3)(f), . . .

C. MARTIN, v. A. LAUER,, 740 F.2d 36 (D.C. Cir. 1984)

. . . . § 735.206). 5. . . .

C. MARTIN, v. A. LAUER,, 686 F.2d 24 (D.C. Cir. 1982)

. . . . § 735.206). 5. . . .

R. BRISCOE, v. FLORIDA NATIONAL BANK OF MIAMI, J., 394 So. 2d 492 (Fla. Dist. Ct. App. 1981)

. . . representative of the decedent’s estate [§ 733.607, Fla.Stat. (1979)], pass by summary administration [§ 735.206 . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . .-203, 735.206, and 735.209. . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . .-203, 735.206, and 735.209. . . .