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Statute of NonClaim — creditors claims in Florida Estates

In the News • Nov 30, 2021
post about Statute of NonClaim — creditors claims in Florida Estates

If you are owed anything from a dead person in Florida, file a statement of claim absolutely no later than 2 years after the date of death. Wow, that’s an earful. A November 24, 2021 Florida Appellate Opinion on estate claims reminds us about Florida’s Statute of Nonclaim. And why you need to file a statement of claim ASAP in a Florida probate. To read more about creditors claims in Florida estates or probates, you can click HERE.

Claim in an estate? The Florida statute of nonclaim is 2 years. It can apply to claims you may not have thought of.

Claims in a Florida Probate

If you are owed anything from someone who dies, you need to open a probate. And make your claim !

If a probate is opened, that saves you a step! Now, you need to file a timely statement of claim. (If you don’t want to open a probate, consider filing a CAVEAT. But be careful of the 2 years time frame.)

If you lent money to a person who is now deceased, break out the loan agreement. It probably has a provision on what to do if the borrower dies. But money lent or loans are just one example of a claim that must be filed in a probate in Florida.

If you have rights under a prenup, a contract, or an operating agreement, like a Florida LLC, you need to file a statement of claim. And the law limits how much time you have to do that. If you don’t file your claim properly and timely, you are out of luck.

For a free Florida probate video with tips on how to hire a probate attorney, click HERE. Consider seeking a probate litigation attorney who has actually helped creditors make their claims against a probate or a Florida estate.

Statute of Nonclaim in Florida Probates — did you make your claim?

Here’s a couple of things to read that will teach you more about the statute of nonclaim in Florida. And creditor claims in general.

First, read the Florida Probate Code. Part VII of the Florida Probate Code is devoted to creditor’s claims. It is the best starting point to learn how to make your claim. To make your claim, you need to know how to assert your rights. That means that you have to file the correct legal document in the probate proceedings within the required time frame.

How much time do I have to file an estate claim? No more than 2 years. That’s the statute of nonclaim. If you don’t file your claim within 2 years of the date of the Florida resident’s death, then you have no claim.

But understand that you may only have months to file your claim. Yes, depending on what notice you received, or what happened in the probate court, you may have less than two years to make your claim.

A statute of nonclaim is different than a statute of limitations.

For example, a statute of limitations may be extended or tolled under certain circumstances. Some probate lawyers in Florida describe a statute of nonclaim as an absolute “drop dead” time frame to file or lose your rights and claim. A statute of nonclaim is not subject to an extension or a waiver.

Second, consider reading the 3rd District Court of Appeal opinion in the case of Namon v. Elder. This case dealt with a probate claim that was filed. It also dealt with a piece of artwork and whether or not a claim to that artwork was timely. Or, whether the artwork was actually the subject of a gift during the decedent’s life.