Fla. Stat. 198.33
Discharge of estate, notice of lien, limitation on lien, etc


(1)

Where no receipt for the payment of taxes, or no affidavit or certificate of nonliability for taxes has been issued or recorded as provided for in this chapter, the property constituting the estate of the decedent in this state shall be deemed fully acquitted and discharged of all liability for estate and inheritance taxes under this chapter after a lapse of 10 years from the date of the filing with the department of an estate tax return, unless the department shall make out and file and have recorded in the public records of the county wherein any part of the estate of the decedent may be situated in this state, a notice of lien against the property of the estate, specifying the amount or approximate amount of taxes claimed to be due to the state under this chapter, which notice of lien shall continue said lien in force for an additional period of 5 years or until payment is made. Such notice of lien shall be filed and recorded in the book of deeds in the office of the clerk of the circuit court; provided, where no receipt for the payment of taxes, or no affidavit or certificate of nonliability for taxes, has been issued or recorded as provided for in this chapter, the property constituting the estate of the decedent in this state, if said decedent was a resident of this state at the time of death, shall be deemed fully acquitted and discharged of all liability for tax under this chapter after a lapse of 10 years from the date of the death of the decedent, unless the department shall make out and file and have recorded notice of lien as herein provided, which notice shall continue said lien in force against such property of the estate as is situate in the county wherein said notice of lien was recorded for an additional period of 5 years or until payment is made.

(2)

Notwithstanding anything to the contrary in this section or this chapter, no lien for estate and inheritance taxes under this chapter shall continue for more than 20 years from the date of death of the decedent, whether the decedent be a resident or nonresident of this state.

Source: Section 198.33 — Discharge of estate, notice of lien, limitation on lien, etc, https://www.­flsenate.­gov/Laws/Statutes/2024/0198.­33 (accessed Aug. 7, 2025).

198.01
Definitions
198.02
Tax upon estates of resident decedents
198.03
Tax upon estates of nonresident decedents
198.04
Tax upon estates of alien decedents
198.05
Administration of law by Department of Revenue
198.06
Examination of books, papers, records, or memoranda by the department
198.07
Appointment of agents by department
198.08
Rules
198.11
Appointment of special appraisers
198.13
Tax return to be made in certain cases
198.14
Failure to make return
198.15
When tax due
198.015
Domicile of decedent
198.16
Notice of determination of deficiency in federal tax to be filed with department
198.17
Deficiency
198.18
Failure to pay tax
198.19
Receipts for taxes
198.20
Failure to pay tax when due, department’s warrant, etc
198.21
Tax due payable from entire estate
198.021
Tax upon generation-skipping transfers of residents
198.22
Lien for unpaid taxes
198.23
Personal liability of personal representative
198.24
Sale of real estate by personal representative to pay tax
198.25
Actions to enforce payment of tax
198.26
No discharge of personal representative until tax is paid
198.28
Time for assessment of tax
198.29
Refunds of excess tax paid
198.30
Circuit judge to report names of decedents, etc
198.31
Duties and powers of corporate personal representatives of nonresident decedents
198.031
Tax upon generation-skipping transfers of nonresidents
198.32
Prima facie liability for tax
198.33
Discharge of estate, notice of lien, limitation on lien, etc
198.34
Disposition of proceeds from taxes
198.35
Interpretation and construction
198.36
Failure to produce records
198.37
Failure to make return
198.38
False return
198.39
False statement in return
198.40
Failure to pay tax, evasion of tax, etc.
198.41
Effectiveness of this chapter, etc
198.42
Short title
198.44
Certain exemptions from inheritance and estate taxes
198.155
Payment of tax on generation-skipping transfers

Current through Fall 2025

§ 198.33. Discharge of estate, notice of lien, limitation on lien, etc's source at flsenate​.gov