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FAQs / Probate Process / The decedent owed me money. How do I file a claim against the estate?

The decedent owed me money. How do I file a claim against the estate?

If a decedent owed you money, Florida Statute Section 733.702 outlines the process for filing a claim against the estate. To begin, you must submit a written statement of the claim during the probate proceedings. This claim should include thorough documentation, such as contracts, invoices, or other evidence to substantiate the amount owed. It’s important to consult with a Florida attorney to ensure your claim is filed correctly and within the required time frame.

How Much Time Do You Have to File a Statement of Claim Against an Estate?

There are strict deadlines for filing a statement of claim against an estate. In Florida, the court mandates a 90-day creditor period as part of formal probate administration, during which claims can be submitted. This period begins once a Notice to Creditors is published in a local newspaper. Filing your claim within this window is crucial to safeguarding your rights as a creditor.

Known creditors who receive a Notice to Creditors by mail have 30 days from the date of receipt to file a claim, or within the 90-day period—whichever is later.

Unknown creditors must file their claims within the 90-day window following the publication of the notice.

Note that all claims against an estate are barred two years after the decedent’s date of death, regardless of whether a probate proceeding has been initiated or a Notice to Creditors has been published. This two-year statute of repose is strict, meaning no claims can be brought against the estate after this period, with very few exceptions (such as for secured creditors).

Missing these deadlines can result in the forfeiture of your right to collect the debt owed to you. For further details on the process, please visit our Creditors Claims page.

What Happens After Filing Your Claim?

Once your claim is filed, the personal representative (executor) of the estate will take one of the following actions:

Pay the claim in full.

Object to the claim, or

Negotiate a settlement to reduce the amount owed.

Other interested parties, such as beneficiaries, may also object to your claim. If an objection is filed, you have 30 days to respond by taking further action, although the court may grant an extension for good cause.

What to Do If Your Claim Is Contested

If your claim is contested, you must file an independent civil lawsuit against the estate within the 30-day window. This lawsuit is separate from the probate court proceedings and must be filed in the civil division, which requires a filing fee.

How an Experienced Probate Attorney Can Help

At Florida Probate Law Firm, we have years of experience helping creditors and beneficiaries navigate probate and estate administration. Our attorneys are committed to ensuring that claims are properly filed, and estates are administered efficiently, providing peace of mind to all involved parties.

For guidance on filing a claim or any other probate-related matters, contact us to consult with an experienced Florida probate attorney who can help you through every step of the process.

We are committed to working diligently with you to ensure your claims are settled and debts are paid by the deceased’s estate.

Give the Florida Probate Law Firm, PLLC a call at (954) 833-5139 to arrange a free consultation. We look forward to serving you.

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