How Long Does a Creditor Have to File a Civil Lawsuit Against a Florida Probate Estate?

Florida’s Probate Code spells out a number of procedures that must be strictly followed when administering a deceased individual’s estate. Many of these procedures deal with creditor claims, such as demands for payment of debts owed by the decedent at the time of their death. The first step in this process is for the creditor to file a written statement of their claim as part of the decedent’s probate proceeding. Such claims must be filed by a certain statutory deadline.

Once a valid written claim is filed, the personal representative (executor) of the estate then has 30 days to accept or reject the claim. If the estate rejects the claim, the creditor then has an additional 30 days to file a separate civil lawsuit against the estate in Florida Circuit Court. This 30-day deadline may be extended by written agreement between the parties.

Florida Court Rejects Woman’s Late Probate Petition for Back Child Support

If this all sounds like a lot to keep track of, you are correct. Many people who are unfamiliar with the workings of the Florida Probate Code are easily confused. This is why it is always a good idea to work with an experienced Florida estate litigation attorney as opposed to trying to handle things on your own.

A recent decision from the Florida Sixth District Court of Appeal, Fields v. Estate of Ford, provides a good example. In this case, a woman representing herself unsuccessfully attempted to file a creditor claim against a probate estate. The decedent in this case was the father of the woman’s child. Although the child is now in his 40s, the claimant alleged she was still owed back child support from when he was a minor.

The claimant managed to file a timely creditor claim with the estate. The personal representative then filed written objections, also within the statutory deadline. This triggered the claimant’s 30-day window to file a separate civil lawsuit. She failed to do so. Nor did she request an extension of time to file from the personal representative or the probate court. As such, the probate court barred her claim for child support.

The claimant appealed. But the Sixth District held there was no legal error. The claimant apparently misconstrued the probate court’s decision to mean that she did not file her original creditor claim on time. But that was not the issue, the Court of Appeal explained. The issue was that once the estate rejected the claim, the claimant had to file a separate civil action. Since she did not do so within the required time period, she no longer had any legal standing to pursue her claim for back child support.

Contact Florida Estate Litigation Attorney Mark R. Manceri Today

Self-represented or “pro se” litigants often get tripped up on procedural issues like court filing deadlines. But overlooking these details often means your case is never heard. Do not let this happen to you. If you are involved in a Florida probate matter and need legal advice from a qualified Pompano Beach estate litigation lawyer, call the offices of Mark R. Manceri, P.A., today to schedule a consultation.

Source:

6dca.flcourts.gov/content/download/2435576/opinion/Opinion_2023-4026.pdf