What are the time limits for filing a claim for an intestate estate?

In Florida, the time limits for filing a claim for an intestate estate are determined by the Probate Code. Generally, a claim must be filed within two years of the date of death of the decedent. If an estate is opened, the claim must be filed with the court within the time period specified in the letters of administration. If an estate is not opened, the claim must be made in writing to the personal representative of the estate. If no personal representative is appointed to the estate, a claim must be made to the circuit court within one year of the date of death of the decedent. If the decedent died more than one year ago, the claim must be made either during the time when probate would have been opened or within a reasonable time after the date of death. In addition, if a creditor or beneficiary fails to file a claim within the two-year period, the creditor or beneficiary may still be able to make a claim to the estate if the court finds that there was a justifiable excuse for their failure to file a claim in the time period. In any case, it is best to make an intestate estate claim as soon as possible after the date of death of the decedent in order to protect rights to the estate and to ensure that any entitlements are received in a timely manner.

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What are the time limits for filing a claim for an intestate estate?

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