Administration of Wayne Smull's intestate estate is pending in Polk County.
- Published
- Paper
- Lakeland Sun
- Category
- Miscellaneous Notices
- City
- Winter Haven
- Address
- Bartow, FL 33831
- Case #
- 53-2026CP-000064
Full Notice Text
IN THE CIRCUIT COURT TENTH JUDICIAL CIRCUIT
IN AND FOR
POLK COUNTY, FLORIDA
PROBATE DIVISION
IN RE: ESTATE OF:
WAYNE SMULL,
Deceased.
FILE NO. 53-2026CP-000064
NOTICE OF ADMINISTRATION and
NOTICE TO CREDITORS
(intestate)
The administration of the estate of WAYNE SMULL, deceased, whose date of death was October 12, 2025, is pending in the Circuit Court for Polk County, Florida, Probate Division, the address of which is PO Box 9000, Drawer CC-4, Bartow, FL 33831. The estate is intestate.
The names and address of the Petitioner and Petitioners attorney is set forth below. The fiduciary lawyer - client privilege in section 90.5021, Florida Statutes, applies with respect to the petitioner and any attorney employed by the petitioner.
Any interested person on whom a copy of the notice of administration is served must file with the court, 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, any objection that challenges the validity of the will, venue or jurisdiction of the court. 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), Florida Statutes, all objections to the validity of the 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.
Persons who may be entitled to exempt property under Sec. 732.402, Fla. Stat., will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf 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 persons or the date that is 40 days after the date of termination of any proceedings involving the construction, admission to probate, or validity of a will or involving any other matter affecting any part of the exempt property.
The petitioner 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, Florida Statutes, applies, or may apply, unless a written demand is made by the surviving spouse or a beneficiary as specified under s. 732.2211, Florida Statutes.
Unless an extension is granted pursuant to section 732.2135(2), Florida Statutes, an election to take an elective share must be filed 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, an agent under chapter 709, Florida Statutes, 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.
ALL CREDITORS of the decedent and other persons having claims or demands against decedent's estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.
All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH IS BARRED.
Under certain circumstances and by failing to contest the will, if any, the recipient of the 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 date of first publication of this Notice is January 28, 2026.
Petitioner:
Stephanie Tucker
P.O. Box 402
Homeland, FL 33847
Attorneys for
Personal Representative:
Jillian T. Spangler
Florida Bar Number: 118921
Boswell & Dunlap, LLP
245 S. Central Avenue
Bartow, Florida 33830
Telephone: (863) 533-7117
Fax: (863) (863)533-7412
E-Mail: Jillian@bosdun.com
Secondary E-Mail:
kristin@bosdun.com;
kbembry@bosdun.com
January 28, February 4, 2026 202371
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