What rights does a creditor have when trying to collect an intestate estate?

In Florida, creditors have the right to collect owed debts from an intestate estate if the deceased has passed away without creating a will. The creditors must prove that the debt is legitimate before they can collect from the estate. This is done by filing a claim in court. The court will then review the evidence and decide if the creditor can proceed with the collection. Once the court has approved the claim, the creditor will take a portion of the intestate estate to pay off their debt. This portion is determined by Florida law, which states that creditors have a higher priority than any other parties, such as siblings and distant relatives. This means that creditors have the right to take most of the estate to pay off the debt if there is not enough to cover the cost or if it would put the rest of the estate at risk of not being divided properly. The creditor’s name must be given to the court, along with the amount of the debt, and proof must be provided to the court that the debt is legitimate. If the court deems the amount to be owed and valid, then the creditor can take the respect amount from the estate. In some cases, the creditors may also be able to pursue assets outside of the intestate estate to collect on the debt, such as a surviving spouse’s assets, or assets left to the deceased’s children. This decision is made on a case-by-case basis, depending on the facts of the case.

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What rights does a creditor have when trying to collect an intestate estate?

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