In re Estate of Tanner

Summary

The Florida District Court of Appeal considered certified questions concerning whether a curator had authority, without a specific court order, to publish notice to creditors and file objections to estate claims. The court held that a curator lacked such authority absent a specific order, rendering the curator’s notice and objection invalid. However, the heirs’ objection was valid, and the claimant’s failure to timely sue after service of that objection barred the claim.

Holdings

1. A curator may publish a valid notice to creditors only pursuant to a specific prior order of the county judge; absent such an order, the curator's notice is a nullity.
2. Without a specific court order authorizing the curator to perform the function of an administrator or executor, the curator cannot file a valid objection to an estate claim.
3. Although the curator's notice and objection were nullities, Powell's failure to file suit within two months after service of the valid objection filed by the heirs barred her claim, absent good cause for an extension.
4. A claim may be filed before publication of a valid notice to creditors, and an interested heir may file a valid objection before publication of such notice.

Questions Presented

1. Whether a curator appointed under section 732.21, Florida Statutes, may publish an effective notice to creditors without a specific court order.
2. Whether a curator may file a valid objection to an estate claim without a specific court order.
3. Whether a claimant is barred from pursuing a claim when the curator's notice and objection were unauthorized but the claimant failed to file suit within the statutory period after service of the objection.
4. Whether a claim and an objection filed by the claimant and heirs, respectively, before publication of a valid notice to creditors are legally effective.

Disposition

other