Publication Date
2025-02-26
Subcategory
Miscellaneous Notices
IN THE CIRCUIT COURT IN AND FOR
MIAMI-DADE COUNT, FLORIDA
IN RE: ESTATE OF PROBATE DIVISION
KATHY COLLEEN DOBY, Case No: 2024-002545-CP-02
Deceased. Section: 01
NOTICE OF ADMINISTRATION
The administration of the estate of KATHY COLLEEN DOBY, deceased, is pending in the Circuit Court for Miami-Dade County, Florida, Probate Division, the address of which is Miami-Dade County Courthouse, Probate Division 73 West Flagler St. Miami, FL 33130, file number 2024-2545-CP-02. The estate is intestate. The names and addresses of the curator and the curator’s attorney are set forth below. The fiduciary lawyer-client privilege in Florida Statutes Section 90.5021 applies with respect to the personal representative and any attorney employed by the personal representative.
Any interested person on whom a copy of the notice of administration is served who challenges the validity of the will or codicils, venue, or the jurisdiction of the court is required to file any objection with the court in the manner provided in the Florida Probate Rules WITHIN THE TIME REQUIRED BY LAW, which is on or before the date that is 3 months after the date of service of a copy of the Notice of Administration on that person, or those objections are forever barred. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by Section 733.212(3), all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.
A petition for determination of exempt property is required to be filed by or on behalf of any person entitled to exempt property under Section 732.402, WITHIN THE TIME REQUIRED BY LAW, which is on or before the later of the date that is 4 months after the date of service of a copy of the Notice of Administration on such person or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property, or the right of such person to exempt property is deemed waived.
An election to take an elective share must be filed by or on behalf of the surviving spouse entitled to an elective share under Sections 732.201 - 732.2155 WITHIN THE TIME REQUIRED BY LAW, which is on or before the earlier of the date that is 6 months after the date of service of a copy of the Notice of Administration on the surviving spouse, or an attorney in fact or a guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent's death. The time for filing an election to take an elective share may be extended as provided in the Florida Probate Rules.
Under certain circumstances and by failing to contest the will, the recipient of this notice of administration may be waiving his or her right to contest the validity of a trust or other writing incorporated by reference into a will.
The personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228 applies, or may apply, unless a written demand is made by the surviving spouse or a beneficiary as specified under s. 732.2211.
Attorney for Curator Curator:
/s/ Enrique D. Zamora /s/ Enrique D. Zamora
ENRIQUE D. ZAMORA Enrique D. Zamora
Florida Bar Number: 106810
ZAMORA, HILLMAN & VILLAVICENCIO
3006 Aviation Avenue, PH-4C
Coconut Grove, FL 33133
Telephone: (305) 285-0285
Fax: (305) 285-3285
E-Mail: edzamora@zhvlaw.com Publication dates: 2/20, 2/27, 3/6 & 3/13/25