What evidence do I need to prove I paid half of the property expenses in court? - Florida
The Short Answer
In a Florida probate dispute, you generally prove you paid (and how much you paid) with reliable financial records showing the expense, the amount, the date, and that the money came from you. If you are seeking reimbursement from a decedent’s estate, the evidence also has to line up with Florida’s strict probate creditor-claim deadlines, or the claim can be barred even if the payments were real.
What Florida Law Says
When you’re asking a probate court to recognize that you personally paid property-related costs (taxes, insurance, mortgage payments, repairs, utilities, HOA dues, etc.), you’re typically trying to establish a claim for reimbursement/contribution or to affect how the estate accounts for expenses. In many cases, that request is treated as a “claim” against the estate and must be presented in the probate case on time, supported by documentation that the court can trust.
The Statute
The primary law that often controls timing (and whether the court can even consider the request) is Fla. Stat. § 733.702.
This statute establishes that most demands against a decedent’s estate are not binding unless they are filed in the probate proceeding within the required claims period (with limited exceptions).
Why You Should Speak with an Attorney
Even when you have receipts, these disputes often turn into fights about what counts as a reimbursable “property expense,” who benefited, and whether the payment was intended as a gift. Legal outcomes often depend on:
- Strict Deadlines: If your reimbursement request is treated as a creditor claim, missing the deadline under Fla. Stat. § 733.702 can bar it even if you have perfect proof.
- Burden of Proof: You typically need documents that connect you to the payment (not just a bill) and show the payment was for the property at issue (not a personal expense).
- Exceptions and Characterization: Some disputes are framed as ownership/accounting issues rather than “claims,” and the right approach can change the forum, deadlines, and what evidence matters most.
What evidence is usually persuasive? Courts and opposing parties tend to take these most seriously: (1) canceled checks or bank statements showing the payment clearing; (2) invoices/bills that match the payment amount and date; (3) receipts from vendors; (4) mortgage/escrow histories; (5) property tax and insurance payment records; and (6) written communications acknowledging you were paying your share. The problem is that evidence can be challenged (for example, if payments came from a joint account, were reimbursed later, or were mixed with other expenses), and an attorney can help present it in a way that fits the probate court’s requirements.
If you want more background on how these issues come up in probate, you may find these helpful: How creditor claims work in Florida probate and estate property maintenance expenses and reimbursement.
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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.