Florida Statute 731.201
“General definitions”
What it means
Section 731.201 defines 40 terms for the Probate Code, s. 409.9101, and chapters 736, 738, 739, and 744, subject to additional definitions in later chapters and unless the context requires otherwise. An interested person is any person who may reasonably be expected to be affected by the outcome of the particular proceeding; the term does not include a beneficiary who has received complete distribution, and its meaning varies with the matter involved. A beneficiary is an heir at law in an intestate estate and a devisee in a testate estate, and stops being one after that person's interest has been satisfied.
A claim is a liability of the decedent, whether in contract, tort, or otherwise, and funeral expense; it excludes expenses of administration and estate, inheritance, succession, or other death taxes. Protected homestead is the property described in Art. X, s. 4(a)(1) of the State Constitution on which the exemption inures to the surviving spouse or heirs; property held by the entireties or in joint tenancy with right of survivorship is not protected homestead. Formal notice is notice served under rule 5.040(a) of the Florida Probate Rules, and informal notice is service under rule 5.040(b). A personal representative is the fiduciary appointed by the court to administer the estate.
- Interested person: anyone who may reasonably be expected to be affected by the outcome of the particular proceeding; it excludes a beneficiary who has received complete distribution (§ 731.201(23)).
- Beneficiary: an heir at law in an intestate estate and a devisee in a testate estate; the term does not apply once the person's interest has been satisfied (§ 731.201(2)).
- Claim: a liability of the decedent, in contract, tort, or otherwise, plus funeral expense; it excludes administration expenses and death taxes (§ 731.201(4)).
- Protected homestead: property under Art. X, s. 4(a)(1) of the State Constitution; entireties and joint tenancy with survivorship property is not protected homestead (§ 731.201(33)).
- Personal representative: the fiduciary appointed by the court, a term that covers administrators and executors (§ 731.201(28)).
- Formal notice is service under rule 5.040(a); informal notice is service under rule 5.040(b) (§ 731.201(18), (22)).
Text of the statute (2026)
(2) “Beneficiary” means heir at law in an intestate estate and devisee in a testate estate. The term “beneficiary” does not apply to an heir at law or a devisee after that person’s interest in the estate has been satisfied. In the case of a devise to an existing trust or trustee, or to a trust or trustee described by will, the trustee is a beneficiary of the estate. Except as otherwise provided in this subsection, the beneficiary of the trust is not a beneficiary of the estate of which that trust or the trustee of that trust is a beneficiary. However, if each trustee is also a personal representative of the estate, each qualified beneficiary of the trust as defined in s. 736.0103 shall be regarded as a beneficiary of the estate.
(4) “Claim” means a liability of the decedent, whether arising in contract, tort, or otherwise, and funeral expense. The term does not include an expense of administration or estate, inheritance, succession, or other death taxes.
(18) “Formal notice” means a form of notice that is described in and served by a method of service provided under rule 5.040(a) of the Florida Probate Rules.
(22) “Informal notice” or “notice” means a method of service for pleadings or papers as provided under rule 5.040(b) of the Florida Probate Rules.
(23) “Interested person” means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. In any proceeding affecting the estate or the rights of a beneficiary in the estate, the personal representative of the estate shall be deemed to be an interested person. In any proceeding affecting the expenses of the administration and obligations of a decedent’s estate, or any claims described in s. 733.702(1), the trustee of a trust described in s. 733.707(3) is an interested person in the administration of the grantor’s estate. The term does not include a beneficiary who has received complete distribution. The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings.
(28) “Personal representative” means the fiduciary appointed by the court to administer the estate and refers to what has been known as an administrator, administrator cum testamento annexo, administrator de bonis non, ancillary administrator, ancillary executor, or executor.
(33) “Protected homestead” means the property described in s. 4(a)(1), Art. X of the State Constitution on which at the death of the owner the exemption inures to the owner’s surviving spouse or heirs under s. 4(b), Art. X of the State Constitution. For purposes of the code, real property owned in tenancy by the entireties or in joint tenancy with rights of survivorship is not protected homestead.
Excerpts are the subsections the summary relies on. Read the full official text of § 731.201.
History. s. 1, ch. 74-106; s. 4, ch. 75-220; s. 1, ch. 77-174; s. 2, ch. 85-79; s. 66, ch. 87-226; s. 1, ch. 88-340; s. 7, ch. 93-257; s. 6, ch. 95-401; s. 949, ch. 97-102; s. 52, ch. 98-421; s. 11, ch. 2001-226; s. 106, ch. 2002-1; s. 2, ch. 2003-154; s. 2, ch. 2005-108; s. 29, ch. 2006-217; s. 3, ch. 2007-74; s. 8, ch. 2007-153; s. 1, ch. 2009-115; s. 4, ch. 2010-132; s. 1, ch. 2012-109; s. 16, ch. 2013-172; s. 30, ch. 2019-71; s. 2, ch. 2020-67.
How it applies
Many questions about who receives notice or may take part in a proceeding start with a definition in this section. Whether a person is an interested person depends on the particular proceeding and can change over time, and a beneficiary who has received complete distribution is excluded. Whether an obligation is a claim depends on subsection (4), which includes funeral expense and excludes administration expenses and death taxes. The terms formal notice and informal notice point to the service methods in Florida Probate Rule 5.040.
Where this shows up
Pages on this site where § 731.201 does real work:
- Do I need probate in Florida? Which assets and estates skip it
- Florida probate timeline 2026
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- What Florida homestead protects: tax exemption, creditor protection and inheritance rules
- When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Florida intestate succession: who inherits when there is no will, the spouse's share, descendants, parents, siblings and other relatives, the homestead, who is not an heir and steps to settle the estate
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- Family allowance and exempt property in Florida: amounts, eligibility and deadlines
- What happens to a bank account when someone dies in Florida
Questions people ask
Sources
- Fla. Stat. § 731.201 (2026), flsenate.gov (Definitions of interested person (23), beneficiary (2), claim (4), protected homestead (33), personal representative (28), and notice (18), (22).)
- Florida Probate Rule 5.040 (Bar edition effective October 15, 2026) (Rule 5.040(a) describes formal notice and its service; rule 5.040(b) provides that informal notice is served as provided in rule 5.041. Section 731.201(18) and (22) reference these paragraphs.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.