Florida Probate Blog

Florida Probate Deadlines The following chart provides many of the Florida probate deadlines that creditors and beneficiaries should be aware of to protect their interests in a decedent’s estate. Production of Original Will (i.e., file original will with court) custodian of will must file within 10 days after receiving information testator is dead Fla.Stat. 732.901(1) Objection to Validity of Will, Qualification of Personal Representative,  Jurisdiction or Venue if served with Formal Notice and Petition for Administration before issuance of Letters of Administration, then 20 days from date of service (read this article for more about this process Death Probate and Due Process) if served with Notice of Administration after issuance of letters of administration, then 3 months from date of service Fla.Stat. 733.212, 733.2123  Fla.Prob.R. 5.040, 5.201, 5.240 Petition for Exempt Property if no will contest, then 4 months from service of Notice of Administration if will contest, then 40 days after termination […]

 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 […]