Understanding a Florida Estate Claim
Do you know how to make your Florida estate claim? Filing the proper paperwork is crucial. You need to know the difference between filing objections and a creditor’s claim.
Florida Estate Claim — the basics
When you have a probate, the “executor” or personal representative will “run” or administer the estate.
This involves gathering assets, paying the decedent’s last expenses, dealing with the will and beneficiaries, and creditors.
There’s a difference between objecting to a will and filing a creditor’s claim.
If you are an “interested person” in the Florida probate, you can object to an improper or incomplete accounting, or inventory or petition. Heck, you can even object to a will. You can also object to who is the executor.
Yes, you can even object to a creditor’s claim.
What is a creditor’s claim?
What is a Creditor’s Claim?
A creditor’s claim is a statement, or a claim, by someone who is owed something.
From the dead person.
It might be money. The most common example of this is. The dead person borrowed money from me and I want to get paid back.
Or, you could have rights which you want to exercise. Such as rights under a contract, a prenuptial agreement, or an operating agreement for an LLC.
Get in the Game
There is a whole process to correctly filing your objection or estate claim and getting what you want.
A creditor’s claim has an entirely unique process with very short time frames. Not all creditors are created or treated the same. Read the Florida Probate Code Section 733.705.
Objecting to the will has a different set of time frames depending on any number of factors.
Here is a Florida Probate Appellate Opinion that you can read which will help you understand the creditor claim process more.