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Comments for How do I submit a claim for an unpaid debt, against a deceased person's estate.

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Creditor's Claim
by: Staff FALDP

Hi Peter,
There is more to know, but the first step is to file a statement of claim:

"The creditor of a deceased debtor must file a Statement of Claim with the probate court in which the debtor’s estate is being probated. The Statement of Claim must include a brief statement of the basis of the claim, including whether or not the claim has matured." (brewerlong.com)

Florida Statute in part:
733.2121 Notice to creditors; filing of claims.—
(1) Unless creditors’ claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative’s attorney, and the date of first publication. The notice shall state that creditors must file claims against the estate with the court during the time periods set forth in s. 733.702, or be forever barred.

The clerks of court are not likely to help you. They generally do not provide probate forms; and they are not allowed to offer legal advice.

Probate law is very specific, you may need an attorney to proceed. Formal administration requires an attorney, I'm not sure an attorney is required to submit a claim. It also depends on whether you have the time and inclination to educate yourself about the procedures.

If the procedures are summary, a document preparer may be able to help. Contact us 800-515-0496 or staff@faldp.org



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