A: The 10-day rule for probate in Florida is in reference to the will being filed in the court. The will of a deceased person must be filed with the probate court within 10 days of their death. The rule applies to both formal and summary administration proceedings. To avoid delays, the executor should file promptly.
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.
Small Claims court is considered a “peoples court” and a lawyer is not required. Clerk's Office personnel will provide you with the necessary forms for filing a Small Claims case. You may wish to consult with an attorney if there are complex legal issues or, you need legal advice on your rights and obligations.
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.
The first step is for the executor to publish a “Notice to Creditors” in a local newspaper. This puts general creditors on notice that they may have a claim against the estate. The notice triggers a 3-month window for creditors to file their claims from the date of first publication.
A small claims action begins by filing a Statement of Claim. Small claim cases should be filed with the clerk in the appropriate county. Filing fees for small claims actions are established in the Florida Statutes and local county ordinances. The clerk of court may be able to provide information on filing fees.
Probate Statutes of Limitations Creditors have two years from the decedent's death to bring claims against the estate. Otherwise, you generally must raise estate-related claims during administration. Objections to the appointment or conduct of the personal representative must be filed before the estate is closed.