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Florida Probate Blog

Posts Tagged: creditors

Creditor Claim Deadlines in Florida Probate

Written by on Aug 18, 2019| Posted in: Probate

 What are the creditor claim deadlines in Florida probate? The creditor claim deadlines in Florida probate are: Known or reasonably ascertainable creditor – claim must be filed within 30 days after the date of service.  Unknown creditor – claim must be filed within three months after the first publication date.  When a personal representative (executor) is appointed to administer an estate, one of his or her duties is to notify creditors that the decedent died and to establish the  creditor claim deadlines for the estate.  Any claim filed outside that time period may be forever barred.  There are two types of creditors in probate: known or reasonably ascertainable creditors (for example, all those credit card and loan statements  piling up in the decedent’s mailbox) and unknown creditors.  A personal representative MUST serve a Notice to Creditors on all known or reasonably ascertainable creditors and MUST publish the same notice to creditors in […]

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Probate Property in Foreclosure?

Written by on May 8, 2009| Posted in: General

Fourth District provides relief for loan burdened surviving spouses and relatives. The distribution of homestead property in a probate estate is governed by the Probate Code, the Constitution and Florida decisional case law. Even though there is firm statutory, constitutional and judicial precedent dealing with homestead issues, there is always yet another novel issue or unanswered question to which there appears no clear answer. The Florida Fourth District Court of Appeals issued an opinion on April 29, 2009 answering the question whether real property that is facing foreclosure during the probate administration process may be distributed to the decedent’s surviving spouse. What is Homestead Property? Homestead property was recognized by the Courts long ago as the place where the owner and his or her family reside, the place where the home or the house is, and adjoining land, where the family dwells. The Florida Probate Code defines homestead property as […]

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