Florida Probate & Trust Litigation Blog: When’s a creditor claim decided in the Probate Division, and when’s it decided in the Civil Division? (June 1, 2021)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses the claims process with regards to both the Probate Division and the Civil Division. The article begins as follows:

A few years ago Jonathan Galler published an excellent article in the Florida Bar Journal explaining the nuts and bolts of how creditor claims are litigated in probate proceedings. The article’s entitled This Party’s Dead! But Will the Lawsuit Survive? Here’s an excerpt:

The creditors’ claims process can be broken down into four phases: 1) service or publication of the notice to creditors; 2) the filing of a statement of claim; 3) the filing of an objection to the claim; and 4) the filing of an independent action to litigate the substance of the claim. The process is designed to promote “the public policy of providing for the speedy settlement of estates” and “the payment of claims and the distribution to the beneficiaries” in a timely fashion.

What makes this claims process challenging is that it plays out across two co-equal branches of the same circuit court: the Probate Division (where the estate’s administered) and the Civil Division (where independent actions are adjudicated).

To see the full article, click: “When’s a creditor claim decided in the Probate Division, and when’s it decided in the Civil Division?”

Posted by Marin Larkin, Associate Editor, Wealth Strategies Journal.

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