Is E-Filing Mandatory in Florida Probate or Guardianship Litigation?

What is e-filing? Does the Palm Beach probate court require claims to be e-filed? What should lawyers know about e-filing Florida claims? What if your civil litigator forgets to e-file by the deadline but manually submits the claim? You may want to read United Bank v. Estate of Edward Frazee.

E-Filing is Mandatory

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.”On April 1, 2013 electronic filing of court documents became mandatory in the civil, probate, small claims, and family law divisions of Florida circuit courts, subject to exceptions in specific circumstances.”Therefore, a statement of claim (which qualifies as a “document”), even if submitted in paper, is not filed unless it is electronically submitted or falls within one of the exceptions to electronic filing.To read more about mandatory e-filing in Florida probate litigation, click here.