(1) If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action may be commenced by that person’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death.
(2) If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, if a claim is timely filed, the expiration of the time limited for commencement of the action shall not apply.
History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 1, ch. 77-174; s. 982, ch. 97-102; s. 80, ch. 2001-226.
Note.—Created from former s. 734.27.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 733 - Probate Code: Administration of Estates
Part I - General Provisions (Ss. 733.101-733.109)
733.101 - Venue of probate proceedings.
733.104 - Suspension of statutes of limitation in favor of the personal representative.
733.105 - Determination of beneficiaries.
733.1051 - Limited judicial construction of will with federal tax provisions.
733.106 - Costs and attorney fees.
733.1061 - Fees and costs; will reformation and modification.
733.107 - Burden of proof in contests; presumption of undue influence.