5 Things You Need to Know About Making a Florida Probate Claim

9 months ago, Florida estate attorneys took note of a very important Florida Supreme Court case that affects all Florida probate litigation law firms’ practices.  The Golden v. Jones case, which is perhaps the most important estate creditor case in years, made it clear that if you are a known or reasonably ascertainable creditor, and you did not get actual notice (service) of the estate proceeding, then you have 2 years from the date of death to file a claim. Here are 5 things you need to know about probate claims if you are trying to make a claim in the probate or if you are a personal representative or an executor of a Palm Beach or Naples, Florida estate. And, you can read this important estate creditor Florida Supreme Court case, Golden v. Jones, here:http://www.floridasupremecourt.org/decisions/2015/sc13-2536.pdf

1. If you are a creditor of the estate who is known to be a creditor, or should be known as a creditor by the estate, you are entitled to service, or actual notice–something sent to you or mailed to your residence or served upon you.  The estate’s executor is supposed to conduct a “diligent” search for creditors of the estate, and treat you, a creditor, fairly.  It’s in the Florida Probate Code and in the Florida Probate Rules.  Estate lawyers refer to this type of creditor as a creditor who is known or reasonably ascertainable.   Theactual notice which the personal representative of the estate is supposed to give to aknown creditor is “served” upon you and tells you that you have to file your estate claim in the Florida probate by the later of 30 days after you receive this actual notice or 3 months after there is a newspaper publication of a notice to creditors.  This is a very, very short probate statute of limitations. See Florida Probate Code Section 733.702:http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.702.html
2. Florida probates are required to publish a notice to credtitors 2 times, once a week for two consecutive weeks, in a local newspaper.  But really, who actually scans the newspapers looking for death or probate notices?  Who actually reads the newspapers any more?  Isn’t everyone reading the “newspapers” online now, any way?  This publication starts the clock ticking for what Palm Beach and Boca Raton estate lawyers call the “creditors period.”
3. What if you miss the deadline to file your claim?  What if something happened and you need more time to file your Florida statement of claim in the probate?  You can ONLY get more time to file a claim if you seek an extension of time by proving fraud or estoppel or insufficient notice of the claims period. If you think you have a claim, don’t delay. File your claim asap. The challenge for Florida probate litigators is what to do if you missed your deadline and did not file within the proper time period.  Many times, there will be an estate trial on whether or not you were a known or reasonably ascertainable creditor and whether you got, or were entitled to receive, ACTUAL notice.  If you are a known creditor who did NOT get served with a Florida creditors notice, you have 2 years from the date of death to file a claim. Many times, estate executors will NOT give a known or reasonably ascertainable creditor actual notice, and then the creditor comes into the probate court and files a statement of claim within 2 years of death, but beyond the so called Florida “creditors period.”  Often, your estate litigation trial will be on whether or not you were known to be a creditor or were reasonably ascertainable.
4. What happens if you are a known creditor, like an ex wife or ex husband who is due something under a prenuptial agreement, or a marital settlement agreement, from a divorce?  Or, what if you are a party to a Florida contract and the deceased person was supposed to do something and the contract binds her or his estate?   ….. and you were not given actual notice, or you were not served with notice?   File your claim !!   If you were not served with actual notice, then you have 2 years to make your claim. FloridaProbate Code 733.710: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.710.html
5. In no instance can you bring a claim more than 2 years after the death of the Florida decedent. This is considered a statute of nonclaim which cannot be extended.  Finally,you can read more about creditors in estates by reading the Florida probate rules for free at this link:http://www.floridabar.org/TFB/TFBResources.nsf/0/6C2FEF97C5969ACD85256B29004BFA12/$FILE/Probate.pdf