Florida Statutes
Chapter 198 - Estate Taxes
198.33 - Discharge of Estate, Notice of Lien, Limitation on Lien, Etc.


(1) Where no receipt for the payment of taxes, or no affidavit or certificate of nonliability for taxes has been issued or recorded as provided for in this chapter, the property constituting the estate of the decedent in this state shall be deemed fully acquitted and discharged of all liability for estate and inheritance taxes under this chapter after a lapse of 10 years from the date of the filing with the department of an estate tax return, unless the department shall make out and file and have recorded in the public records of the county wherein any part of the estate of the decedent may be situated in this state, a notice of lien against the property of the estate, specifying the amount or approximate amount of taxes claimed to be due to the state under this chapter, which notice of lien shall continue said lien in force for an additional period of 5 years or until payment is made. Such notice of lien shall be filed and recorded in the book of deeds in the office of the clerk of the circuit court; provided, where no receipt for the payment of taxes, or no affidavit or certificate of nonliability for taxes, has been issued or recorded as provided for in this chapter, the property constituting the estate of the decedent in this state, if said decedent was a resident of this state at the time of death, shall be deemed fully acquitted and discharged of all liability for tax under this chapter after a lapse of 10 years from the date of the death of the decedent, unless the department shall make out and file and have recorded notice of lien as herein provided, which notice shall continue said lien in force against such property of the estate as is situate in the county wherein said notice of lien was recorded for an additional period of 5 years or until payment is made.
(2) Notwithstanding anything to the contrary in this section or this chapter, no lien for estate and inheritance taxes under this chapter shall continue for more than 20 years from the date of death of the decedent, whether the decedent be a resident or nonresident of this state.
History.—s. 26, ch. 16015, 1933; CGL 1936 Supp. 1342(106); s. 6, ch. 28031, 1953; s. 10, ch. 29718, 1955; s. 2, ch. 57-108; ss. 21, 35, ch. 69-106; s. 1043, ch. 95-147; s. 8, ch. 99-208.

Structure Florida Statutes

Florida Statutes

Title XIV - Taxation and Finance

Chapter 198 - Estate Taxes

198.01 - Definitions.

198.015 - Domicile of Decedent.

198.02 - Tax Upon Estates of Resident Decedents.

198.021 - Tax Upon Generation-Skipping Transfers of Residents.

198.03 - Tax Upon Estates of Nonresident Decedents.

198.031 - Tax Upon Generation-Skipping Transfers of Nonresidents.

198.04 - Tax Upon Estates of Alien Decedents.

198.05 - Administration of Law by Department of Revenue.

198.06 - Examination of Books, Papers, Records, or Memoranda by the Department.

198.07 - Appointment of Agents by Department; Bonds of Agents; May Administer Oaths; Credentials.

198.08 - Rules.

198.11 - Appointment of Special Appraisers.

198.13 - Tax Return to Be Made in Certain Cases; Certificate of Nonliability.

198.14 - Failure to Make Return; Extension of Time for Filing.

198.15 - When Tax Due; Extension; Interest; Penalty.

198.155 - Payment of Tax on Generation-Skipping Transfers.

198.16 - Notice of Determination of Deficiency in Federal Tax to Be Filed With Department.

198.17 - Deficiency; Hearing by Department.

198.18 - Failure to Pay Tax; Penalties; Delinquent or Deficient Taxes, Interest.

198.19 - Receipts for Taxes.

198.20 - Failure to Pay Tax When Due, Department’s Warrant, Etc.

198.21 - Tax Due Payable From Entire Estate; Third Persons.

198.22 - Lien for Unpaid Taxes.

198.23 - Personal Liability of Personal Representative.

198.24 - Sale of Real Estate by Personal Representative to Pay Tax.

198.25 - Actions to Enforce Payment of Tax.

198.26 - No Discharge of Personal Representative Until Tax Is Paid.

198.28 - Time for Assessment of Tax.

198.29 - Refunds of Excess Tax Paid.

198.30 - Circuit Judge to Report Names of Decedents, Etc.

198.31 - Duties and Powers of Corporate Personal Representatives of Nonresident Decedents.

198.32 - Prima Facie Liability for Tax.

198.33 - Discharge of Estate, Notice of Lien, Limitation on Lien, Etc.

198.34 - Disposition of Proceeds From Taxes.

198.35 - Interpretation and Construction.

198.36 - Failure to Produce Records; Penalty.

198.37 - Failure to Make Return; Penalty.

198.38 - False Return; Penalty.

198.39 - False Statement in Return; Penalty.

198.40 - Failure to Pay Tax, Evasion of Tax, etc.; Penalty.

198.41 - Effectiveness of This Chapter, Etc.

198.42 - Short Title.

198.44 - Certain Exemptions From Inheritance and Estate Taxes.