Probate

What Creditor Claims Must Be Paid in a Florida Estate Case?

probate

One of the most important questions in any estate or trust proceedings is:

What is the actual amount that will be paid to beneficiaries of an estate?

Followed closely by

How long will the estate proceedings take?

Like any good lawyer question, the answer is….

It depends.

And one of the most important parts of the “it depends” answer is, “it depends on how many claims are submitted and how much those claims are.” So now we get into the analysis of the estate claims process which, in layman’s terms, requires those who want to be paid from estate proceeds to follow a very specific process of formally submitting claims then litigating those claims upon presentation.

Here are the statutory provisions:

(1) If not barred by s. 733.710, no claim or demand against the decedent’s estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, even if the claims are unmatured, contingent, or unliquidated; no claim for funeral or burial expenses; no claim for personal property in the possession of the personal representative; and no claim for damages, including, but not limited to, an action founded on fraud or another wrongful act or omission of the decedent, is binding on the estate, on the personal representative, or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor, even though the personal representative has recognized the claim or demand by paying a part of it or interest on it or otherwise. The personal representative may settle in full any claim without the necessity of the claim being filed when the settlement has been approved by the interested persons.
(2) No cause of action, including, but not limited to, an action founded upon fraud or other wrongful act or omission, shall survive the death of the person against whom the claim may be made, whether or not an action is pending at the death of the person, unless a claim is filed within the time periods set forth in this part.
(3) Any claim not timely filed as provided in this section is barred even though no objection to the claim is filed unless the court extends the time in which the claim may be filed. An extension may be granted only upon grounds of fraud, estoppel, or insufficient notice of the claims period. No independent action or declaratory action may be brought upon a claim which was not timely filed unless an extension has been granted by the court. If the personal representative or any other interested person serves on the creditor a notice to file a petition for an extension, the creditor shall be limited to a period of 30 days from the date of service of the notice in which to file a petition for extension.
PART VII

CREDITORS’ CLAIMS

733.701

Notifying creditors.
733.702

Limitations on presentation of claims.
733.703

Form and manner of presenting claim.
733.704

Amendment of claims.
733.705

Payment of and objection to claims.
733.706

Executions and levies.
733.707

Order of payment of expenses and obligations.
733.708

Compromise.
733.710

Limitations on claims against estates.

 

 

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