Florida Compromise of Creditor's Claim against Estate by Payment of Cash and Conveying of Real Property

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Generally speaking, any creditors of a decedent at the time of his death can file a claim against the decedent's estate. The executor of the estate has a duty to pay any creditors that make a legitimate claim against the estate before distributing assets to the decedent's heirs. The process the estate goes through probate and how creditors are allowed to file claims is governed by state law.

This form is a settlement of certain claims against the estate.

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  • Preview Compromise of Creditor's Claim against Estate by Payment of Cash and Conveying of Real Property
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FAQ

Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.

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. Dispute claims.

Under Florida Statutes, section 733.604- Inventories and accountings; public records exemptions, such an inventory must remain confidential. However, it can be disclosed to the personal representative, to the personal representative's attorney, or to an interested person.

Stat, section 733.710- Limitations on claims against estates, the estate is not liable for any claim filed 2 years after the decedent passed away. Creditors must file claims in writing. The claims must state the name and address of the claimant and his or her attorney, if any.

Florida Statutes | Chapter 733 - PROBATE CODE: ADMINISTRATION OF ESTATES | Casetext. Florida Statutes. Title XLII - ESTATES AND TRUSTS.

Under FL. Stat, section 733.705- Payment of and objection to claims, the personal representative must pay all claims within 1 year from the date of first publication of notice to creditors. More time is allowed for claims that end up in litigation, claims that have not matured, and contingent claims.

(1) The venue for probate of wills and granting letters shall be: (a) In the county in this state where the decedent was domiciled. (b) If the decedent had no domicile in this state, then in any county where the decedent's property is located.

An objection to a claim, other than a personal representative's proof of claim, shall be in writing and filed on or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing or amendment of the claim, whichever occurs later.

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Florida Compromise of Creditor's Claim against Estate by Payment of Cash and Conveying of Real Property