What is Florida’s non-claim statute?
Florida Statute §733.702 is often referred to as the “non-claim statute.” It sets forth that:[N]o claim or demand against the decedent’s estate that arose before the death of the decedent; no claim for funeral or burial expenses; no claim for personal property in the possession of the personal representative; and no claim for damages… is binding on the estate, on the personal representative, or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor.
In other words, with certain exceptions, any claim against an estate that is not filed within the specific time constraints of the Florida Probate Code is not valid. No formal objection must be filed to bar a claim made after the expiration of the creditor claims period: only fraud, estoppel, or insufficient notice may serve as grounds for special extensions.
The attorneys at Bach, Jacobs & Byrne, P.A. are trained probate litigators and trust & estate attorneys. If you need assistance as a personal representative, or if you would like to review your own estate plan documents, please call us at (941) 906-1231 to schedule a consultation.