Recently, Florida’s appellate courts have differed in deciding whether reasonably ascertainable creditors of an estate can file a belated claim when the personal representative of the estate did not give notice to the creditors within the claims period.
The Florida Probate Code requires an estate’s personal representative to notify the estate’s creditors, and after three months of the publication of the notice, all claims are barred. Appellate courts have recently ruled different as to whether a claim by creditor is allowed after the expiration when there was no publication of notice. The First, Second and Fifth District Courts ruled the claims were untimely, while the Fourth District Court remanded an order to strike the claim as untimely.
As appeals courts voiced differently, the Florida Supreme Court decided to take jurisdiction over the issue.
See Jonathan Galler, “How Courts Handle Late-Filing Estate Creditors,” WealthManagement.com
Posted by Jin Keol Park, Associate Editor, Wealth Strategies Journal