Is there a time limit for filing a claim against an intestate estate?

In Florida, the time limit for filing a claim against an intestate estate is determined by Florida Statute section 733.702 and can vary. Generally, the claimant must file a claim within three months after the date of the first publication of the Notice to Creditors or within two years from the date of death. However, the person appointed to the estate or their attorney may waive the three month deadline if good cause is shown. In addition, if the claimant were a minor or a person with a disability, the two year period may be tolled or paused until such time as the minor or person with a disability has been legally represented or the disability has been removed. If a creditor or beneficiary has not filed the required claim within the applicable time limits, the Estate Administration will generally be able to proceed with the final distribution without any responsibility for the unpaid claim. Therefore, it is important to file the claim within the applicable time limits if someone would like to be compensated from the Estate Administration. It is important to note that even if a creditor or beneficiary has successfully filed the claim within the applicable time limits, the Estate Administrator or their attorney may still reject the claim if they believe it is not valid. Therefore, creditors and beneficiaries should always provide sufficient proof when filing a claim against an intestate estate.

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