Florida Statute 95.11
“Limitations other than for the recovery of real property”
What it means
Section 95.11 lists the time limits for actions other than recovery of real property. The periods most often relevant to estates are 20 years for an action on a judgment or decree of a court of record in Florida (subsection (1)); 5 years for an action on a contract, obligation, or liability founded on a written instrument (subsection (2)(b)); 4 years for an action founded on fraud or on a statutory liability, an intentional tort, and any action not specifically provided for (subsection (3)); and 2 years for an action founded on negligence, professional malpractice, and wrongful death (subsection (5)).
Medical malpractice has its own rule: 2 years from the incident or from when it is discovered or should have been discovered, and no later than 4 years from the incident, except that the 4-year period does not bar an action brought on behalf of a minor on or before the child's eighth birthday. If fraud, concealment, or intentional misrepresentation prevented discovery, the period is extended 2 years from discovery, but not beyond 7 years from the incident (subsection (5)(c)).
A wrongful death action seeking damages under § 768.21 against a natural person for an intentional tort resulting in death from acts described in § 782.04 or § 782.07 may be commenced at any time. No arrest, criminal charge, or conviction is required (subsection (11)).
- 2 years for an action for wrongful death (§ 95.11(5)(e)), an action founded on negligence (§ 95.11(5)(a)), and professional malpractice other than medical malpractice (§ 95.11(5)(b)).
- Medical malpractice: 2 years from the incident or its discovery, and not later than 4 years from the incident. With fraud, concealment, or intentional misrepresentation, 2 years from discovery but not beyond 7 years from the incident (§ 95.11(5)(c)).
- 4 years for fraud, statutory liability, intentional torts, and actions not otherwise provided for (§ 95.11(3)(e), (i), (n), (o)).
- 5 years for an action on a written instrument (§ 95.11(2)(b)); 20 years for an action on a judgment or decree of a Florida court of record (§ 95.11(1)).
- A wrongful death action for an intentional tort resulting from acts described in § 782.04 or § 782.07 may be brought at any time (§ 95.11(11)).
Text of the statute (2026)
(b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (6)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (6)(g).
(i) A legal or equitable action founded on fraud.
(a) An action founded on negligence.
(c) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy.
(e) An action for wrongful death.
(11) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph (5)(e), an action for wrongful death seeking damages authorized under s. 768.21 brought against a natural person for an intentional tort resulting in death from acts described in s. 782.04 or s. 782.07 may be commenced at any time. This subsection shall not be construed to require an arrest, the filing of formal criminal charges, or a conviction for a violation of s. 782.04 or s. 782.07 as a condition for filing a civil action.
Excerpts are the subsections the summary relies on. Read the full official text of § 95.11.
History. s. 10, ch. 1869, 1872; s. 1, ch. 3900, 1889; RS 1294; GS 1725; s. 10, ch. 7838, 1919; RGS 2939; CGL 4663; s. 1, ch. 21892, 1943; s. 7, ch. 24337, 1947; s. 24, ch. 57-1; s. 1, ch. 59-188; s. 1, ch. 67-284; s. 1, ch. 71-254; s. 30, ch. 73-333; s. 7, ch. 74-382; s. 7, ch. 75-9; s. 1, ch. 77-174; s. 11, ch. 78-435; s. 1, ch. 80-322; s. 34, ch. 83-38; s. 1, ch. 84-13; s. 1, ch. 85-63; s. 139, ch. 86-220; s. 1, ch. 86-231; s. 1, ch. 86-272; s. 1, ch. 88-397; s. 20, ch. 90-109; s. 1, ch. 92-102; s. 520, ch. 95-147; s. 2, ch. 95-283; s. 4, ch. 96-106; s. 1, ch. 96-167; s. 15, ch. 98-280; s. 2, ch. 99-5; s. 12, ch. 99-137; s. 2, ch. 2001-211; s. 15, ch. 2005-230; s. 1, ch. 2005-353; s. 1, ch. 2006-145; s. 2, ch. 2010-45; s. 1, ch. 2010-54; s. 1, ch. 2011-39; s. 13, ch. 2012-100; s. 1, ch. 2012-211; s. 1, ch. 2013-137; s. 18, ch. 2016-24; s. 18, ch. 2017-37; s. 1, ch. 2017-101; s. 10, ch. 2017-107; ss. 1, 2, ch. 2018-97; s. 3, ch. 2023-15; s. 1, ch. 2023-22; s. 1, ch. 2023-86; s. 1, ch. 2024-183; s. 2, ch. 2025-81; s. 41, ch. 2025-153.
How it applies
After a death, several time limits can apply at once. A wrongful death action has a 2-year period under § 95.11(5)(e), and the action must be brought by the decedent's personal representative under § 768.20. Claims against the decedent's estate have separate deadlines: a claim must be filed in the probate within the periods in § 733.702, and § 733.710 generally ends liability 2 years after death. Which period governs depends on the type of claim and who is bringing it.
Where this shows up
Pages on this site where § 95.11 does real work:
Related sections
Questions people ask
Sources
- Fla. Stat. § 95.11 (2026) (“(e) An action for wrongful death.” Two-year period.)
- Fla. Stat. § 733.702 (2026) (“unless filed in the probate proceeding” Probate claim filing requirement.)
- Fla. Stat. § 733.710 (2026) (“2 years after the death of a person” Two-year limit on claims against a decedent.)
- Fla. Stat. § 768.20 (2026) (“The action shall be brought by the decedent’s personal representative” Who brings a wrongful death action.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.