Probate Claim Objection Sustained: Why the Appeal Was Too Early (Estate of Sheffield)

The Facts

Two estates were on opposite sides of this case. The Estate of Mattie Pearl Sheffield filed a claim in the Miami-Dade probate proceeding for the Estate of Willie James Sheffield. The Willie James Sheffield estate objected to the claim, and the probate judge entered an order sustaining that objection.

The Mattie Pearl Sheffield estate appealed that order. Meanwhile, an independent civil action on the claims and objections was pending in the trial court.

The video title describes the claim as one for burial costs that was struck. The short opinion does not say what the claim was for, and it describes the order as sustaining an objection to the claim, not striking it.

The Decision

The Third District dismissed the appeal. The court held that the order sustaining the objection was non-final and did not fit any category of appealable probate orders under Florida Rule of Appellate Procedure 9.170. The dismissal was without prejudice: the appellant could raise the same arguments once the trial court resolved the claims and objections in the independent civil action.

The court did not decide whether the claim was valid. It decided only that the appeal came too soon.

The Law

When a creditor files a claim against a Florida estate, the personal representative or another interested person may file a written objection under section 733.705. Once an objection is served, the claimant has 30 days from service to file an independent lawsuit (or, in some cases, start arbitration) on the claim, unless the time is extended under the statute. That lawsuit, not the probate order on the objection, is where the claim’s merits are decided. If the claimant does nothing, the claim is barred.

Rule 9.170(b) lists the probate orders that can be appealed before the estate closes. It includes orders on enlarging the time to file a claim, striking an objection to a claim, extending the time to object, and enlarging the time to file an independent action, but not an order simply sustaining an objection. Orders not on the list must generally wait for a final order. Funeral and burial expenses, if that was the claim, have a high priority for payment under section 733.707, but they still go through this claim-and-objection process.

Current law (2026): Section 733.705 was last amended in 2022 (ch. 2022-101); the 30-day independent-action period in subsection (5) remains. Rule 9.170(b) still lists orders on enlargement of time to file a claim, striking an objection to a claim, extending time to object, and enlarging time for an independent action, but not an order merely sustaining an objection (checked against current rule text).

Lessons

• If your claim against an estate draws an objection, the clock starts. Calendar the 30-day deadline in section 733.705 to file an independent action.
• An order sustaining an objection is usually not your last word. The fight moves to the independent action, and appealing the probate order alone is likely premature.
• Check Rule 9.170(b) before appealing any probate order. A premature appeal costs time and money and gets dismissed.
• A dismissal without prejudice keeps your arguments alive. Raise them again after the civil case is decided.

Source: In re Estate of Sheffield, No. 3D12-714 — Fla. 3d DCA (April 24, 2013).

Watch the Oral Argument

This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.

Probate Claim Objection — Final & Appealable? | Estate of Sheffield, 3D12-0714

Go Deeper

• Florida Probate Deadlines and Creditor Claims: Every Clock That Matters
• Someone Who Owed You Money Died. How to Collect From an Estate in Florida
• How Florida Probate Court Actually Works: The Rules, the Differences County to County, and Appeals

Frequently Asked Questions

Can I appeal an order sustaining an objection to my claim against an estate?

Usually not right away. In Estate of Sheffield, the Third DCA dismissed such an appeal because the order was non-final and not listed in Rule 9.170(b). The claimant’s remedy is the independent action under section 733.705, and appellate arguments can be raised after that case is resolved.

What happens after a personal representative objects to my probate claim in Florida?

Under section 733.705(5), you generally have 30 days from service of the objection to file an independent action or declaratory action on the claim, unless the time is extended by the court or by written agreement of the personal representative. If you miss the deadline, the claim can be barred.

Which probate orders are appealable in Florida?

Florida Rule of Appellate Procedure 9.170(b) lists them. Orders that finally determine a right or obligation of an interested person qualify, including specific orders on claim deadlines and on striking objections to claims. Orders outside the list generally must wait for review at the end.

Are funeral and burial expenses paid first from an estate?

They have high priority. Section 733.707 places reasonable funeral, interment and grave marker expenses second, after administration costs and certain fees. But a funeral claim still must be filed and can still be objected to, which sends it to an independent action.

Talk to a Florida probate litigation lawyer

Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.

Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.

This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.