Earl W. Kunke, as personal representative of the Estate of Elizabeth R. Kunke, deceased v. Estate of Elizabeth R. Kunke, deceased, and Geoffrey Grant
The Second District reversed a probate court order directing a personal representative to pay a single creditor's claim within thirty days. Because section 733.707, Florida Statutes, establishes a mandatory class-by-class priority for paying estate expenses and obligations, the probate court had no discretion to order payment of a lower-priority claim ahead of higher-priority ones — even to bring a contentious administration to a close. The court also reminded the parties that fees generated by needless litigation need not be paid from the estate.
Key facts
- In an earlier appeal, Grant v. Kunke (Kunke I), 397 So. 3d 758 (Fla. 2d DCA 2024), the Second District held that Geoffrey Grant was a reasonably ascertainable creditor of the estate and remanded with directions to reinstate his claim.
- On remand, the circuit court ordered the personal representative to pay Grant's claim within thirty days, explaining from the bench that it wanted to end the estate administration and the acrimony among the interested parties.
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Holdings
- Section 733.707(1), Florida Statutes, is mandatory and its plain, unambiguous language does not grant a trial court discretion to deviate from the statutory priority scheme when ordering…
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Why it matters
This is a clear statement of law for creditor-side and fiduciary-side probate litigators: section 733.707 is a rule, not a guideline, and 'let's just end this' is not an exception to it. Personal representatives who are… — full analysis with a trial
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