Florida Probate Creditor Claims, E-Filing, and Important Deadlines

Probate litigators know how important it is to be knowledgeable about Florida Statutes and all amendments and additions made to them. For example, on April 1,2013, e-filing became mandatory throughout Florida. What does this mean? Do all Florida claims need to be e-filed or only probate claims? Are there exceptions? Who is a creditor to a Florida estate? When does a creditor need to make a claim against a Florida estate?  

Under Section 733.702(1), Florida Statutes(2012), creditors must file any statements of claim against a decedent’s estate within three months of the first publication of the notice to creditors or within thirty days of being served with it, whichever is later.Any claim not filed within that time is barred unless the court grants an extension.733.702(3), Florida Statutes(2012).When can extensions be granted?Extensions can be granted “upon ground of fraud, estoppel, or insufficient notice of the claims period.”United Bank v. Estate of Edward Frazee was a July 13,2016 Fourth DCA opinion.Here, United Bank had counsel in West Virginia, who were also admitted to the Florida bar, file two creditor claims.United Bank, under Florida Statute 733.702(1), had to file their claims by May 15, 2013.United Bank mailed via certified mail their claims on May 14,2013.After the deadline, they were informed that the claims had to be e-filed.The claims were not properly e-filed until May 23rd.Are the two claims considered to be filed timely since they were filed in paper form before the deadline?According to the probate court and the Fourth DCA, they were NOT.This case demonstrates how important it is for trust and estate lawyers and trial attorneys to know the Florida Statutes!To read the entire case, click here.