caveator


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caveator

a person who enters a CAVEAT.
References in periodicals archive ?
If the caveator does not start proceedings within one month, the Registrar may register the applicant as the holder of a lesser interest in the land: s 107(4).
Must a caveator be given prior notice of the petition for administration?
260(f) provides: "After the filing of a caveat by an interested person other than a creditor, the court shall not admit a will of the decedent to probate or appoint a personal representative without service of formal notice on the caveator or the caveator's designated agent.
The court held that the caveator was entitled to prior notice and remanded the case for further proceedings.
If he be apprehensive that the will may be admitted to probate without his knowledge, he may file in the office of the county judge a caveat, and after the filing of the same the county judge shall not admit the will to probate until he shall have given at least ten days' notice to the caveator, or some other person to be named in the caveat, if such caveat or some other person be found in the county.
Obviously, it gives the caveator an opportunity to challenge the will's validity prior to the person named in the will to be the personal representative being confirmed as such.
Thus, it would appear that the overriding question of whether a caveator, who is also an heir or a devisee under another will, is entitled to notice automatically is determined by whether he or she is an interested person.
If the caveator is not a state agency or a resident of the Florida county where the caveat is filed, the caveator shall must file a designation of designate an agent for service of notice.
If at the time of the filing of any caveat the decedent's will has been admitted to probate or letters of administration have been issued, the clerk shallmust promptly notify the caveator in writing of the date of issuance of letters and the names and addresses of the personal representative and the personal representative's attorney.
When letters of administration issue after the filing of a caveat by a creditor, the clerk shallmust promptly notify the caveator, in writing, advising the caveator of the date of issuance of letters and the names and addresses of the personal representative and the personal representative's attorney, unless notice has previously been served on the caveator.
After the filing of a caveat by an interested person other than a creditor, the court shallmust not admit a will of the decedent to probate or appoint a personal representative without service of formal notice on the caveator or the caveator's designated agent.
2010 Cycle Report Revision: Subdivision (c) amended to clarify that a state agency filing a caveat need not designate an agent for service of process, and to provide that a caveator who is not a resident of the county where the caveat is filed must designate either a resident of that county or an attorney licensed and residing in Florida as the caveator's agent.