Claim Against Estate After Distribution Without Probate In Florida
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Unknown creditors must file their claims within the 90-day window following the publication of the notice. Note that all claims against an estate are barred two years after the decedent's date of death, regardless of whether a probate proceeding has been initiated or a Notice to Creditors has been published.
As an additional protection for the decedent's family (i.e., surviving spouse and heirs), Florida's statutory laws exempt household furniture, furnishings and appliances from creditor's claims—up to $20,000 in net value at the time of the decedent's death.
Creditor claims have to be filed with the probate court 30 days after receiving a Notice to Creditors or three months from the publication date (whichever is later). Even without official notification, most creditor claims are barred if not filed within two years of the decedent's death.
In Florida, four types of bank accounts can avoid probate: Payable-on-Death (POD) Accounts – Funds are transferred directly to designated beneficiaries upon the account holder's passing. Shared Bank Accounts – Married couples holding joint assets benefit from automatic survivorship rights.
Without going through the probate process, no one will know which assets they are entitled to receive from their loved one's estate, assets may unnecessarily be lost to creditor claims, and heirs and beneficiaries will lack the certainty they need to move on.
Assets distributed by payable-on-death or transferrable-on-death designations are not probate assets. They are not subject to creditor claims. Also, property owned jointly with rights of survivorship is not a probate asset. They are not subject to creditor claims either..
In Florida, assets that are held in a living trust pass to beneficiaries without probate court proceedings. These trusts must be created before your death, and all assets—including real estate, antiques, vehicles, and so on — must be transferred into the trust under the terms of the trust document.
Assets distributed by payable-on-death or transferrable-on-death designations are not probate assets. They are not subject to creditor claims. Also, property owned jointly with rights of survivorship is not a probate asset. They are not subject to creditor claims either..
