Summary
The Supreme Court of Florida answered a certified question from the Eleventh Circuit concerning the nature of Florida Probate Code sections 733.702 and 733.710. It held that section 733.702 is a statute of limitations that bars untimely claims absent an authorized extension, while section 733.710 is a jurisdictional statute of nonclaim that is not subject to waiver or extension in probate proceedings. The case arose from an insurer's challenge to liability for an excess judgment and a related bad-faith action.
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Practice areas
Questions Presented
- Whether section 733.702, Florida Statutes (1991), is a statute of limitations or a jurisdictional statute of nonclaim.
- Whether section 733.702 bars an untimely probate claim when no objection based on timeliness is filed in the probate proceeding, and whether the statutory period may be extended.
- Whether section 733.710, Florida Statutes (1991), is a jurisdictional statute of nonclaim that is subject to waiver or extension in a probate proceeding.
- Whether the petition for appointment of an administrator ad litem and the counter-petition for administration sufficiently presented Prockup's claim under sections 733.702, 733.703, and 733.710 and Florida Probate Rule 5.490(a).
- Whether a claim filed before publication of the notice of administration satisfies the filing period in section 733.702(1).
Holdings
- Section 733.702 is a statute of limitations, not a true jurisdictional statute of nonclaim. Under section 733.702(3), an untimely claim is barred in the probate proceeding even if no objection based on timeliness is filed, but the probate court may extend the filing period for fraud, estoppel, or insufficient notice.
- The section 733.702(1) period may be waived in a separate action outside the probate proceeding if it is not raised as an affirmative defense.
- Section 733.710 is a jurisdictional statute of nonclaim that automatically bars untimely claims and is not subject to waiver or extension in the probate proceedings.
- The verified petition for appointment of an administrator ad litem and the counter-petition for administration substantially satisfied the requirements for a written statement of claim under section 733.703 and Florida Probate Rule 5.490(a), despite not being captioned 'Statement of Claim.'
- Although Prockup's petition and counter-petition satisfied the two-year period in section 733.710, they did not satisfy the filing period in section 733.702(1) because they were filed before publication of the notice of administration; the statute requires filing within the specified period after publication or service.
Key quotations
“After considering the relevant changes made to chapter 733, Florida Statutes, we hold that section 733.702(3), Florida Statutes (1991), operates to bar untimely claims against an estate even if the time period set forth in section 733.702(1) is not asserted in an objection in the probate proceedings on the basis of timeliness.” (1153)
“Further, while we determine that section 733.702 operates to bar untimely claims against an estate even if not asserted in an objection in the probate proceedings, we agree with Mr. May that the time period set forth in section 733.702(1) is waived in a separate action outside of the probate proceedings if not raised as an affirmative defense.” (1154)
“After considering the plain language of section 733.710, Florida Statutes (1991), and its interplay with section 733.702, Florida Statutes (1991), we hold that section 733.710 is a jurisdictional statute of nonclaim that automatically bars untimely claims and is not subject to waiver or extension in the probate proceedings.” (1157)
“When the pleadings filed on behalf of the Prockups in the probate proceeding are compared to the elements of the rule, it becomes evident that all requirements were substantially satisfied.” (1160)
“As the word "after" is used in the statute, we have no choice but to ascribe to the word its plain meaning.” (1161)
Factual background
Oscar T. Bradley died in a September 21, 1991, automobile collision that also killed Inez Prockup and injured Donald Prockup. Prockup filed a wrongful-death and personal-injury action against the vehicle owner and May as administrator ad litem of Bradley's estate, and the resulting judgment exceeded Bradley's automobile liability policy limits. Before formal administration began, Prockup filed a petition seeking appointment of an administrator ad litem and later a counter-petition for administration, each describing the wrongful-death claim against the Bradley Estate; he filed a formal statement of claim more than three months after publication of the notice of administration and more than two years after Bradley's death.
Procedural history
After a wrongful-death and personal-injury judgment was entered against the Bradley Estate, the estate's administrator ad litem brought a bad-faith action against Illinois National Insurance Company. The federal district court granted summary judgment to INIC, concluding that the claim against the estate was untimely and that section 733.710 barred recovery even without an affirmative defense. The Eleventh Circuit partially affirmed, rejected arguments concerning the sufficiency and waiver of the probate filings, and certified the statutory question to the Florida Supreme Court.
Remand instructions
The record was returned to the United States Court of Appeals for the Eleventh Circuit for further proceedings consistent with the Florida Supreme Court's answer to the certified question.