Tuesday, August 5, 2014
The Florida Supreme Court has granted review to a case that is expected to resolve a split between appellate courts in the state. The case involves when a creditor may file a claim against an estate. Florida probate rules require that the creditors be given notice by newspaper publication and then the creditors must file their claim within three months. However, if the creditors are reasonably ascertainable then the estate’s personal representative must serve them notice. There is currently disagreement on whether a reasonably ascertainable creditor that was not served notice can simply file a claim within the two year statute of limitations or must first file a motion to file a late claim.
See Jeffrey Skatoff, When Is a Creditor Claim Late in Florida Probate?, Clark Skatoff, August 3, 2014.