What Happens When a Florida Personal Representative Objects to a Creditor's Claim?

The objection has its own deadline. A personal representative or other interested person may file a written objection within 4 months after first publication of the notice to creditors or within 30 days after the claim was timely filed or amended, whichever is later. The court may extend that time for good cause.

Service is required. The objection must be served on the claimant, and an objection by an interested person other than the personal representative must also be served on the personal representative. Failure to serve a copy is an abandonment of the objection. Under the probate rules, the objection must include a certificate of service and a statement that the claimant has 30 days from service to bring an action as provided by law.

The type of action depends on the claim. For a claim not yet due but certain to become due, or a contingent claim, the creditor may bring a declaratory action within the same 30 days. If a lawsuit was already pending against the decedent at death, a motion to substitute the proper party filed within 30 days after the objection is filed satisfies the requirement, and similar rules apply where arbitration is involved.

Winning later does not move the creditor ahead of others. A judgment establishing the claim gives it no priority over claims of the same class. Filing deadlines for claims are covered in Florida estate creditor claim deadlines.