IN RE ESTATE OF BERNARD L. DANESE, DECEASED
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The personal representatives of Bernard L. Danese's estate and his spouse appealed an order reopening the estate for further administration. The court vacated and remanded the order because the Florida Supreme Court's recent decision in Spohr v. Berryman disapproved the prior court ruling that had guided the lower court's determination.
The court vacated the lower court's order reopening the estate and remanded for reconsideration in light of the Spohr v. Berryman decision, which held that filing a civil lawsuit within the nonclaim period does not constitute compliance with section 733.702, Florida Statutes.
[1] A probate court may reopen an estate for further administration when a civil action against the estate remains pending.
[2] A prior appellate ruling that a civil complaint filed within the notice of administration period satisfies statutory requirements is disapproved by a subsequent Florida S…
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Join FLexlaw to unlock all legal intelligence“a civil complaint naming the estate, filed and actually served upon all parties interested in the estate within three months of publication of the first notice of administration, was sufficient to satisfy the provisions of section 733.702, Florida Statutes”
The prior Steigman standard that was the basis for the lower court's decision to reopen the estate
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Join FLexlaw to unlock all legal intelligenceSince 1984, the estate had been a party defendant in a pending civil claim in circuit court. The probate court closed the estate on January 23, 1986, …
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KAHN, Judge.
The personal representatives of the estate of Bernard L. Dáñese and the decedent’s spouse appeal an order of the circuit court, the effect of which was to reopen the estate in order to conduct further administration. Since 1984 the estate, through the personal representatives of the decedent, has been a party defendant in a civil claim pending in the circuit court. In Steigman v. Danese, 502 So. 2d 463 (Fla. 1st DCA 1987), rev. denied, 511 So. 2d 998 (Fla.1987), this court ruled, inter alia, that a civil complaint naming the estate, filed and actually served upon all parties interested in the estate within three months of publication of the first notice of administration, was sufficient to satisfy the provisions of section 733.702, Florida Statutes. Unbeknownst to the successful appellants in that case, however, the probate court had entered an order closing the estate matter on January 23,1986. The estate was briefly reopened for administration on May 22, 1989, and closed on September 21,1989. In the order now under review, the lower court reopened the probate matter, finding that “further administration of the Estate is necessary until the disposition of the tort action against the Personal Representative.” After entry of the lower court order, and during the pendency of this appeal, the Florida Supreme Court decided Spohr v. Berryman, 589 So. 2d 225 (Fla.1991), expressly disapproving this court’s Steigman decision, and holding that the filing of a civil lawsuit within the nonclaim period does not constitute compliance with section 733.702.
The Spohr decision would appear to apply to the civil action against the estate. This is necessarily true, since, during the pendency of the civil action, the supreme court has specifically disapproved our prior holding in Steigman. See Maserati Automobiles, Inc. v. Captan, 551 So. 2d 501 (Fla. 3d DCA 1989).
We vacate the order and remand to the lower court for reconsideration in light of Spohr, with due regard for the current status of the civil action, which, on the state of the record before us, remains pending against the estate.1
BOOTH and WOLF, JJ., concur. . We decline to address appellants’ argument that the trial court incorrectly reappointed the two prior personal representatives without regard to their willingness to serve. We note that the reappointed personal representatives are not required to serve as personal representatives. See § 733.502, Fla.Stat. (1989).
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Citator
Authorities Cited
- Spohr v. Berryman, 589 So. 2d 225 (Fla. 1991)
- Helene A. Steigman v. Danese, 502 So. 2d 463 (Fla. 1st DCA 1987)
- Maserati Automobiles Inc. v. Caplan, 551 So. 2d 501 (Fla. 3d DCA 1989)