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Under Florida probate law, what is the “non-claim” statute ?

| May 23, 2014 | Probate |

Florida’s probate code has a provision which is often referred to as the “non-claim” statute.

Section 733.702 of Florida Statutes provides that no creditor claim arising before the death of the decedent is binding unless filed in the probate proceeding on or before the later of the date that is three 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. This provision applies to claims even though the Personal Representative has recognized the claim or demand by paying a part of it or interest on it or otherwise.

With only a few exceptions, if a creditor fails to timely file their claim within the allowed period, this statute acts as a bar to the claim-hence the term that is often used to describe this statutory section is that of Florida’s “non-claim” statute. An untimely claim is barred even though no objection to the claim is filed unless the probate court extends the time in which the claim may be filed. Such an extension may only be granted upon grounds of fraud, estoppel, or insufficient notice of the claims period. Both the estate and a creditor can be well-served having an experienced probate lawyer assist in protecting their rights when it comes to probate claims.

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