Florida Probate Claim Filing
If you need an attorney in South Florida to file a probate claim, contact a Florida probate attorney at the Law Offices of Jason Turchin today for a free consultation at 800-337-7755. Probate refers to the legal procedure that is followed in transferring the property to heirs. In order for the probate to take effect, a family member or person designated as personal representative must file a petition to start the probate process. One of the main benefits of the process is that it can help in settling any debts that the decedent may have accrued. If you have a claim against an Estate, there are a number of steps that are involved in the process of filing for a Florida probate claim. We can handle probate estate claims in Monroe, Miami-Dade, Broward and Palm Beach counties.
Filing the Florida Probate Claim Petition in South Florida
For the probate process to start, there has to be a petition filed with the court. The court will typically appoint a personal representative of the estate. Heirs and beneficiaries are generally given notice of the Broward probate claim, depending on the will and circumstances. If any of the stakeholders has an objection to the petition, they may be allowed to raise it in the court. Once a personal representative is appointed, a Notice to Creditors is required to be published in a local Florida newspaper. This is a way of all the creditors of the decedent to get a notification of the commencement of the proceeding. There may also be a requirement for the personal representative to actually serve a known creditor directly.
Notice to Creditors in Florida Probate Claim
Once the court appoints a personal representative, all the creditors of the decedent will also be given notice. In the matters of Florida probate claim, the law provides that the creditors should be given notice by a personal representative, in writing. A creditor is allowed to place a claim against the assets but within a certain time frame. Generally, known creditors have 30 days to file a claim with the probate court after they are served with a Notice to Creditors, and unknown creditors may be put on notice by publication in a local newspaper. Generally, creditors have 3 months from the date the notice to creditors was published to file their claim or it may be barred.
Submitting Florida Probate Claim Forms
Courts may have different procedures of filing for a probate claim. In most cases, you will be given a claim form to fill as proof of claim. The form requires all the critical details that will give evidence of the rights you have on the probate estate. When you have all the Miami probate claim form, or Broward probate claim paperwork completed, for example,it should be filed in a court that is in the jurisdiction where the decedent died.
Given the complexities of Florida's creditor probate laws, you may need a Florida probate claim attorney to help in the filing of the probate claim. For example, a Miami probate claim lawyer can help you fill out the right forms.
Notifying the Florida probate court that you have a claim against the Estate
Filing a Proof of Claim form notifies the Estate that you have a claim against the Estate's assets. Florida's probate law has a schedule of who gets paid first. Generally, creditors get paid before the beneficiaries.
You can file for a Miami probate claim with the clerk of the court, for example. The form typically notifies the court that you are claiming rights to the property, or that you are owed money from the Estate.
Contact a Florida probate claim attorney today for a free consultation!
If you are owed money from an Estate in Florida, you may have a very limited time to file a claim. Our probate attorneys in Florida are available throughout South Florida, including Miami, Key West, West Palm Beach, and Broward to help with your claim. Call a Florida probate claim lawyer at 800-337-7755 for a free consultation.