731.301 Notice; method and time; proof. ---
(1) FORMAL NOTICE.
(a) When formal notice of a petition or other proceeding is required,
the petitioner shall serve a copy of the petition to any interested person or
his attorney, if he has appeared by attorney or requested that notice be sent
to his attorney. The petition shall be served:
1. By any form of mail or by any commercial delivery service
approved by the chief judge of each judicial circuit, requiring a signed
receipt, as follows:
a. On his attorney of record, if any, or to the post-office address
given in his demand for notice, if any;
b. On an individual, other than an incompetent, by mailing a copy
to his dwelling house or usual place of abode or to the place where he
regularly conducts his business or profession;
c. On an incompetent person, by mailing a copy to the incompetent,
to the person having custody of the incompetent, and to any legal guardian of
the incompetent, at their respective dwelling houses, usual places of abode,
or regular places of business or profession;
d. On a corporation, by mailing a copy to the corporation at its
last known address; or
2. As provided in chapter 48; or
3. In the circumstances provided in chapter 49, in the manner
provided therein.
(b) If there is no answer served on the petitioner within 20 days
from the service of the petition, the petition shall be considered ex parte.
If an answer is served, a hearing shall be set and reasonable notice
given.
(c) If service is made under subparagraph (a)2. or subparagraph
(a)3., proof shall be made as provided in chapter 48 or chapter 49. If
service is made by mail under subparagraph (a)1., proof shall be by a verified
statement of the person mailing service who shall attach the signed receipt or
other evidence satisfactory to the court that delivery was made to, or refused
by, the addressee or his agent.
(d) Formal notice shall be sufficient to acquire jurisdiction over
the person receiving formal notice to the extent of the person's interest in
the estate.
(2) INFORMAL NOTICE.
(a) When informal notice of a petition or other proceeding is
required or permitted, it shall be served on the person or his attorney as
provided in the Florida Rules of Civil Procedure relating to service of
pleadings.
(b) Proof of service shall be made by filing an attorney's
certificate of service or, if filed by a person who is not a member of The
Florida Bar, by a verified statement.
(3) EFFECT OF NOTICE. Persons given notice of any petition
shall be bound by all orders entered on the petition.
(4) INFORMAL NOTICE REQUIRED. Unless otherwise specifically
provided, informal notice of every petition affecting property rights or
interests must be given to interested persons.
History: s. 1, ch. 74-106; s. 5, ch. 75-220; s. 3, ch. 77-87; s. 1, ch. 77-174;
s. 1, ch. 93-257; s. 64, ch. 95-211.
Note. Created from former s. 732.28.