Florida Statutes 732.2211 – Demands or disputes; statute of repose
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(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.
Terms Used In Florida Statutes 732.2211
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Decedent: A deceased person.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(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.