Claim Against Estate File Format In Florida
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The statement of claim should be typed or printed in black ink. Make certain you file your claim against the right party. Copies of contracts, notes, leases, receipts, or other evidence in support of your claim must be attached to your statement of claim, and copied to each person sued and the court.
You, the plaintiff, must file a “Statement of Claim” form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form. You may file by mail or in person.
For creditors who only received notice via publication: These creditors have up to 3 months from the date of first publication to file a claim. For known or reasonably ascertainable creditors who did not receive any notice: These creditors have up to 2 years after the date of death to file claims.
Florida Probate Rule 5.490 requires that the Claim be filed in duplicate with one copy containing an original signature. The clerk will send a copy of the claim to the Attorney for the Personal Representative.
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.
For known or reasonably ascertainable creditors who did not receive any notice: These creditors have up to 2 years after the date of death to file claims. This protects creditors whom an executor should have directly notified but didn't.
You, the plaintiff, must file a “Statement of Claim” form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form. You may file by mail or in person.
