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In Florida, probate-Petition to strike a claim
Anonymous2 views3 answers
In Florida for an intestate estate, a personal representative has to run a notice and have a three-month window for those who wish to file a claim against the estate. The PR is also to notify known creditors by certified mail that the estate is open and that they may file a claim against the estate.
If a claimant is notified by certified mail within the three-month period and the claimant notifies the estate/PR he is not going to file a claim against the estate and the three-month window closes, does the estate have to honor the claimant's claim if he changes his mind and files a claim at a later date?
If a petition to strike the claim is filed, will the court uphold that petition.
PR can refuse to honor a late filed claim and probably has an obligation to do that unless the heirs agree to the claim being paid. A motion to strike the claim would likely be granted, unless there are extenuating circumstances that made the claim impossible to file within the 90 day period. There are not enough facts in this short question to assess that.
Some Florida courts do not even require a motion to strike - simply proving the claimant was noticed timely is sufficient for the late claim to be disregarded.
The Personal Representative does not have to honor the creditor’s claim if it was not timely made. The Court will not grant the creditor’s claim if it was not filed during the creditor’s period. A “Petition to Strike” is likely not necessary, if it can be proven that the claim was not filed during the creditor’s period.
