There are several claims that can be made by an interested party to a Miami estate against the decedent’s estate including creditor’s claims, will contest, accounting claims, removal of personal representative and other litigation claims. Any interested party can also file a written objection with the Miami-Dade Probate Court to a claim that has been filed by another interested party to the estate and bring a litigation action within 30 days from filing the objection. An interested party is considered an heir, beneficiary, creditor or other party that may have a valid claim against the estate.
Since filing a claim against a Miami estate can be complex, most people hire a Miami probate and estate attorney to assist them in determining whether they have a valid claim and to make sure they meet all important statutory filing deadlines as well as to prepare the necessary documentation and represent them at court hearings in litigation matters.
Steps to Making a Claim
There are some steps an interested party can take on their own first though such as calling or going down to the Miami-Probate Clerk to determine whether a probate proceeding has been established. An interested party may be able to obtain copies of documents that have been filed with the Court such as a copy of the decedent’s will, notice of probate administration and other notices by making a formal request, either in writing or in person with the Clerk and paying the required processing fee depending on whether the copies to be obtained are certified or uncertified copies.
Once you have established that there is a probate matter, you can file your claim form with the Court making sure you attach a proof of service form and serve all interested parties. It is important to get your claim filed early in the estate administration so you don’t miss your opportunity to make the claim. Although by law the personal representative of a Miami estate is required to send notices of probate administration to all interested parties and to publish a notice in a newspaper of general circulation in Miami-Dade County to advise creditors of the decedent’s death, it is the interested parties responsibility to make sure that all claims are filed in a timely manner. Keep in mind that if you miss a statutory filing date, you may be barred from filing the claim forever.
Statutory Time Frames for Making claims Against a Miami Estate
Under Fla. Stat. §733.702, creditors of a Miami decedent’s estate have three months after the first publication of the notice to creditors to file a Statement of Claim form. The form can be downloaded directly from the Clerk’s website.
The filing deadline for will contest matters is 90 days after you have received notice of administration that the will has been probated or within 20 days of receipt of the Notice of Probate Administration when the Notice is filed prior to admitting it to probate. If you are requested an accounting or you wish to have a personal representative removed, those requests should be filed with the court right away.
If you are filing a will contest or other litigation claim, your Miami estate attorney will need to prepare the documents on your behalf because will contests, requests for accountings and other litigation claim matters such as removal of a personal representative for breach of fiduciary duty because these are more complicated matters than creditor’s claims and require the experience and skills of a Miami probate and estate attorney.
Miami Estate Attorney
If you are an heir, beneficiary, interested party or personal representative of a Miami estate and need to file a claim against the estate or defend against a claim, a Miami probate and estate attorney can assist you with all phases of your claim from begging to end until the matter has been resolved by the personal representative and/or the court.
If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.