Filing A Claim Against An Estate In Florida
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FAQ
A creditor's statement of claim shall be verified and filed with the clerk and shall state: (1) the basis for the claim; (2) the amount claimed; (3) the name and address of the creditor; (4) the security for the claim, if any; and (5) whether the claim is currently due or involves an uncertainty and, if not due, then ...
Once you file your statement of claim against an estate, the personal representative of the estate will either pay the claim, object to the claim, or attempt to settle the claim for some reduced amount. Other interested persons, such as beneficiaries, may also file objections to your claim.
To be clear, under Florida law there's no such thing as a separate legal entity known as an ?estate.? If you want to sue, get paid from, or transfer property to, an ?estate,? all of that needs to happen via the estate's court-appointed personal representative (PR).
Even with formal administration, most estates are resolved within 18 months. However, all claims against an estate must be filed within 2 years of the person's death.
