While Florida's non-claim statute is viewed as being harsh due to its consequences if not followed in a timely fashion, there are some exceptions in which certain claims are not barred.
Under Florida probate law, what is the "non-claim" statute ?
Florida's probate code has a provision which is often referred to as the "non-claim" statute.
What is the best way to title assets or property into a Living Trust in order to avoid probate?
When a person establishes a Living Trust (also sometimes called a "Revocable Trust" or an "Inter Vivos Trust"), they must "fund" the Trust in order to avoid probate.
What happens when a Living or Revocable Trust is not funded?
If the Settlor does not take the steps necessary to fund a Living Trust, in most instances a probate will be necessary in order to allow the transfer or liquidation of the Settlor's assets. This would apply to most assets which are titled only in the Settlor's name and which do not have a beneficiary or a POD designation.
What does it mean that a Trust has been funded?
When a person establishes a Living Trust (also sometimes called a "Revocable Trust" or an "Inter Vivos Trust"), they have only taken the first step in implementing the Trust. The next step is to "fund" the Trust.
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