HB 625 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0625-00
Page 1 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to estates and trusts; amending s. 2
733.705, F.S.; providing that the requirement for a 3
claimant to file an independent action is satisfied if 4
specified actions are taken; specifying that 5
claimants, not creditors, are given certain priority 6
of claims; amending s. 736.0705, F.S.; providing that 7
a trustee may resign by specified procedure and with 8
notice to certain parties; providing an effective 9
date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Subsection (5) of section 733.705, Florida 14
Statutes, is amended to read: 15
733.705 Payment of and objection to claims. — 16
(5) The claimant is limited to a period of 30 days from 17
the date of service of an objection within which to bring an 18
independent action upon the claim, or a declaratory action to 19
establish the validity and amount of an unmatured claim which is 20
not yet due but which is certain to become due in the future, or 21
a declaratory action to establish the validity of a contingent 22
claim upon which no cause of action has accrued on the date of 23
service of an objection and that may or may not become due in 24
the future, unless an extension of this time is agreed to by the 25
HB 625 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0625-00
Page 2 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
personal representative in writing before it expires. 26
(a) For good cause, the court may extend the time for 27
filing an action or proceeding after objection is filed. No 28
action or proceeding on the claim may be brought against the 29
personal representative a fter the time limited above, and the 30
claim is barred without court order. 31
(b) If an action or proceeding by the claimant is pending 32
against the decedent at the time of the decedent's death, the 33
requirement to bring an independent action is satisfied if, 34
within 30 days after the filing of an objection to the claim: 35
1. A motion complying with all applicable rules of 36
procedure is filed, or a similar procedure is initiated, to 37
substitute the proper party; or 38
2. An order substituting the proper party is en tered. 39
(c) If the decedent entered into a binding arbitration 40
agreement relating to the claim during his or her lifetime, or 41
if arbitration is required under s. 731.401, the requirement to 42
bring an independent action is satisfied if, within 30 days 43
after the filing of an objection to the claim, a motion to 44
compel arbitration against the proper party is initiated, as 45
provided for in s. 682.03. 46
(d) If arbitration was commenced before the decedent's 47
death, the requirement to bring an independent action is 48
satisfied if, within 30 days after the filing of an objection to 49
the claim, notice is given to the proper party. If the 50
HB 625 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0625-00
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
arbitration was commenced by order of the court, the notice must 51
take the form of a timely filed motion, complying with all 52
applicable rules of procedure, to substitute the proper party. 53
(e) If an objection is filed to the claim of any claimant 54
creditor and the claimant creditor brings an action to establish 55
the claim, a judgment establishing the claim shall give it no 56
priority over claims of the same class to which it belongs. 57
Section 2. Subsection (1) of section 736.0705, Florida 58
Statutes, is amended to read: 59
736.0705 Resignation of trustee. — 60
(1) A trustee may resign in accordance with the procedure 61
set forth in the trust instrument and upon notice to the 62
cotrustees or, if none, to the successor trustee who has 63
accepted the appointment, or, if none, to the person or persons 64
who have the authority to appoint a successor trustee. 65
Notwithstanding any provision of the terms of the trust, a 66
trustee may also resign : 67
(a) Upon at least 30 days' notice to the qualified 68
beneficiaries, the settlor, if living, and all cotrustees; or 69
(b) With the approval of the court. 70
Section 3. This act shall take effect July 1, 2022. 71