Key Insights into Managing Estate Claims

The probate process can be both intricate and daunting, especially when it comes to handling claims against an estate. This blog aims to demystify objections to statement of claims and the necessity of independent actions, providing a clear understanding of how to navigate these legal waters.

Objections to Claims

When a claim is made against an estate by a creditor, a motion to strike can be filed to check its validity. However, an objection goes deeper, as it questions the legitimacy of the claim itself, requiring the creditor to file an independent lawsuit  to establish its validity pursuant to § 733.705 of the Florida Statutes

Any interested party, including the personal representative, can file a written objection to a creditor’s claim against the estate. This objection must clearly indicate the specific claim it pertains to and inform the claimant that they have 30 days to initiate a legal action to establish the claim. While objections don’t need to provide reasons why they are valid, they must not be frivolous. Filing an unfounded objection can lead to penalties for the objector.

Objections must be filed within a specific timeframe—four months from the first notice to creditors or within thirty days of the timely filing of a claim or its amendment. Although the court has the discretion to extend this deadline for good cause, it is crucial to serve a copy of the objection to the claimant as per the Florida Probate Rules to maintain the right to object.

Independent Actions

If an objection is served, the claim will be barred unless the claimant initiates an independent action to establish the claim’s validity. These actions ensure that probate proceedings remain efficient and are not bogged down with disputed claims. It is crucial that a creditor start this independent or declaratory action within 30 days of the objection being served or within an extended period as provided by the personal representative or probate court.

Failure of a creditor to file an independent action within the stipulated time will result in the claim being barred forever. Once an independent action is initiated, the personal representative must notify the probate court and other interested parties. In cases where someone other than the personal representative objects to the claim, the court may appoint an administrator ad litem to defend the estate, with legal fees potentially taken from the estate.

Understanding these key aspects of probate objections and independent actions can greatly aid in managing estate claims effectively. 

Ormond Beach Probate Lawyer

Florida Trust and Probate Litigation require the expertise of a skilled advocate to aggressively represent your interests and protect your rights against unscrupulous family members and greedy parties. If you’re involved in a Florida Will or Trust Contest, contact Ormond Beach, Volusia County probate lawyer Andrew J. Pascale at 877-667-1211 to improve your legal position. Please remember that this blog doesn’t provide legal advice and serves only illustrative purposes.