Who Is a “Creditor” of a Florida Estate ?

Florida probate law says that a personal representative of a Florida estate SHALL “publish a notice to creditors” promptly.

WHO IS AN ESTATE CREDITOR ?

• OK, i get that.
• A personal representative has a fiduciary duty to everyone interested in the Florida estate—including someone who is owed money from the estate or who has rights in the estate.  I get that .
• After all, the dead person (decedent)’s debts and expenses should be paid, right?
• And, under Florida probate law, all “expenses of administration” and all “debts” and “obligations” of the estate get paid 1ST
• Before any estate beneficiaries see a dime in an inheritance

How Do You Know if You Are a Creditor of a Florida Estate?

• So, you may need to figure out whether you a creditor of the Palm Beach probate or the Florida estate
• Why?  Because you may get a notice in the mail that talks about a very short time period, like 3 months, to file a claim
• What’s a CLAIM in a Florida estate and how do I know if I have one?
• Good question.
• Don’t forget….. if someone dies, you may not get ACTUAL notice of the estate administration….. the Florida personal representative may PUBLISH a notice to creditors in a local Florida newspaper which you never read
• So, the short of it is this:  if you believe you are owed money from the deceased Florida resident, don’t be silent!  File a claim! Get involved in the Florida probate administration

Who will guide you ????

Questions For Those Who May be A Creditor of the Florida Estate

Q: Did you loan money to the late executive of Jupiter, Florida?

Q: Did you have business dealings with the deceased Florida resident?

Q: Did you sign a prenuptial agreement with the Boca Raton citizen?

Q: Are you owed money from the deceased person?

Don’ts and Other Points to Remember About Palm Beach Probate

• You may be a creditor and you may need to file a statement of claim in the Florida probate (like, right away) or you  may never collect.
• Don’t forget: a creditor is different than a beneficiary
• Don’t confuse:  you can be a beneficiary and you STILL have to file a statement of claim as a creditor
• Don’t think that just because the person administering the Palm Beach estate, or their probate lawyer, know who you are, that you are protected
• Last thing:  remember: Florida probate law does not reward those who sit on their rights…… Florida estate law rewards those who seek to enforce their rights !