## Facts

- William E. Spohr and his first wife, Anna Spohr, executed a marital settlement agreement requiring William to maintain a will devising at least one-half of his estate to Anna and their children.
- The agreement was incorporated into a 1954 dissolution judgment.
- William later married Janet W. Spohr in 1955.
- William died in 1986 with a will leaving his entire estate to Janet, contrary to the settlement agreement.
- Notice of administration was first published on January 9, 1987; under § 733.702, Fla. Stat. (1985), claims had to be filed in probate by April 9, 1987.
- Anna and the children did not file a probate claim within the three-month period.
- On April 7, 1987, Anna and the children filed a circuit-court civil complaint against the personal representative based on the settlement agreement.
- Janet intervened and sought summary judgment, asserting the claim was barred for failure to file a probate claim.

## Issues

1. Whether a claim to enforce a marital settlement agreement requiring a testamentary devise is a “claim or demand against the decedent’s estate that arose before the death of the decedent” subject to § 733.702’s nonclaim bar.
2. If § 733.702 applies, whether filing a circuit-court civil action within the nonclaim period satisfies the statute’s requirement to present a claim in the probate proceeding.

## Decision

- The Florida Supreme Court reversed the district court of appeal and reinstated summary judgment for Janet and the estate.
- The Court held the contractual obligation in the marital settlement agreement created a pre-death claim covered by § 733.702.
- The Court held the circuit-court lawsuit did not constitute proper presentation of a claim in probate under § 733.702.
- Because no timely probate claim was filed, the claim was barred.

## Legal Principles

- A contractual obligation undertaken before death to make a testamentary provision is a claim “arising before death” for purposes of § 733.702, even if the breach becomes apparent only upon probate.
- Section 733.702 broadly covers pre-death claims against an estate, including direct or contingent and liquidated or unliquidated claims, and operates to allow final settlement of estates.
- Compliance with § 733.702 requires timely presentation of a claim in the probate proceeding; initiating an independent civil action, without filing a probate claim, does not satisfy the statute.
- Failure to timely present a covered claim in probate results in an absolute bar against the estate, the personal representative, and beneficiaries.

## Conclusion

The court held that enforcement of a pre-death agreement to leave property by will is governed by Florida’s probate nonclaim statute, and claimants who file only a timely civil action—without presenting a probate claim within the statutory period—are barred from recovery from the estate.


Spohr v. Berryman, 589 So. 2d 225 (Fla. 1991)