What steps can I take to object to or approve creditor claims against the estate, such as a key fob reimbursement? - Florida
The Short Answer
In Florida probate, creditor claims (even small ones like a “key fob reimbursement”) must be handled through the estate’s formal claims process. A personal representative (or other interested person) can allow and pay valid claims, or file a written objection within strict statutory deadlines—missing those deadlines can waive the estate’s defenses or expose the estate to litigation.
What Florida Law Says
Florida’s Probate Code sets up a structured system for creditors to file claims and for the estate to either pay them or object. Generally, creditors must timely file their claim in the probate proceeding, and the estate must evaluate whether the claim is valid, properly documented, and actually owed by the decedent/estate (as opposed to a dispute with a family member or a non-estate obligation).
The Statute
The primary law governing this issue is Fla. Stat. § 733.705.
This statute establishes that the personal representative (or another interested person) may file a written objection to a claim within a limited time window, and if an objection is served, the creditor generally has a short deadline to file an independent action to pursue the claim—or the claim can be barred.
Related timing rules also come from Fla. Stat. § 733.702 (limitations on presenting claims) and Fla. Stat. § 733.2121 (notice to creditors), which control when claims must be filed and how creditors are notified.
If you want a deeper overview of how these claims typically work in practice, see: How creditor claims are handled in a Florida estate and How Florida probate notice to creditors works.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Under Fla. Stat. § 733.705, objections must be filed within a limited window, and once an objection is served, the creditor generally has only 30 days to bring an independent action—otherwise the claim can be barred.
- Burden of Proof: Even a “small” reimbursement request can turn into a dispute about documentation, whether the expense benefited the estate, whether it was authorized, and whether it is properly classified as an estate debt versus a personal dispute.
- Exceptions and Risk Allocation: The claims process interacts with notice requirements, timeliness rules, and whether a claim is secured, contingent, or disputed. A misstep can lead to the estate paying something it doesn’t owe—or facing avoidable litigation and attorney’s fees.
Because the personal representative has fiduciary duties to beneficiaries and must follow Florida’s probate rules, it’s smart to have a Florida probate attorney evaluate the claim, the deadlines, and the safest way to resolve it without creating personal liability or delaying the administration.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.