The Non-Claim Statute in Florida

Handling the probate process can be an overwhelming experience, especially for individuals who are new to the field. One of the many aspects to understand when dealing with probate in Florida is the non-claim statute.

The non-claim statute is a legal provision that governs the time frame for creditors to file claims against the estate. If you were appointed to serve as the personal representative or you are a creditor looking to file a claim against a debtor’s estate, our lawyer at Mark R. Manceri, P.A., can help. Our Pompano Beach estate litigation lawyer can explain how the non-claim statute works and when it is possible to extend the timeframe for filing a claim against an estate.

What Is Florida’s Non-Claim Statute in Probate?

Florida’s non-claim statute is a legal provision that sets the timeline for creditors to file claims against a probate estate. The statute is contained in Florida Statutes § 733.702.

The probate process is intended to settle a deceased person’s life affairs, including the collection, management, and distribution of their assets to their rightful beneficiaries. As a general rule, Creditors can file a claim against the deceased person’s estate within three months after the public notice of their death. If the creditors fail to file their claim within the designated timeline, they are time-barred from collecting their debt.

Extending the Timeframe for Filing a Claim Due to Estoppel

Estoppel is a legal principle that prevents a person from denying or alleging a fact that has been previously established. In the context of probate, estoppel applies when the personal representative makes a representation regarding a creditor’s claim and then denies it later. The non-claim statute allows creditors to file a claim beyond the designated timeline if they have been unfairly estopped from filing the claim.

Extending the Timeframe for Filing a Claim Due to Insufficient Notice

The non-claim statute requires that creditors file their claims within three months after the deceased person’s death. However, there are instances where the creditor was not provided sufficient notice of the claims period by the personal representative. In such cases, the non-claim statute allows creditors to file their claim beyond the designated timeline if they can prove that they did not receive sufficient notice of the claims period.

Contact a Lawyer to Learn More About the Probate Process

Understanding the non-claim statute is crucial when handling the probate process as a personal representative or collecting debts as a creditor in Florida. Either way, it is essential to have a basic understanding of the non-claim statute to ensure a smooth and successful probate process. Receive a case evaluation with our lawyer at Mark R. Manceri, P.A., by calling 954-491-7099.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.702.html