While there are a vast number of issues one must consider when opening probate in Florida, one thing not often planned for is the continuation of a lawsuit, or pending lawsuit, for which the cause of action occurredBEFORE the decedent passed away.
For example:
- Let’s say, in November 2014, a person in West Palm Beach slips and falls in a Publix supermarket, injuring themself.
- In December, 2014, however, this person dies of unrelated health issues.
- Before his death, however, he had begun collecting evidence to file a personal injury suitagainst Publix.
- What happens to that potential/pending lawsuit now?
Well, the short answer is, the estate of the decendent can bring the suit against Publix. However, because a Florida probate proceeding can usually be a lengthy process, the question often becomes: “How much time do I have?”
- If a person having a cause of action dies before the suit can be brought, his personal representative may begin a proceeding within the time limited by the statute of limitations of the original cause.
- So, in Florida, the statute of limitations from our slip and fall example above would be four years.
- However, the Florida Probate Code, Section 733.104 grants up to an additional 12 months after the death of the decedent.
In our example above, this extension would not help, because 12 months after the death of the decedent (December 2015) is still within the acceptable statute of limitations on the Originalcause of action. No extension was needed. However, Section 733.104 is an important statute to keep in your back pocket. As any West Palm Beach Probate lawyer will tell you, most causes of actions in Florida are filed very close to the expiration of the statute of limitations and any available extensions are always welcome.
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