Legal Question in Wills and Trusts in Florida
Statute of Limitations
My father is recently deceased, if his will does not go through probate, what is the statute of limitations for claims against his estate.
Asked on 1/29/01, 11:01 pm
1 Answer from Attorneys
Wendell Finner
Wendell Finner, P.A.
Re: Statute of Limitations
Creditors of a decedent have two years from the decedent's death to make claims, unless a probate is filed, in which notice to the creditor will significantly shorten their time. Florida law requires filing of the will in the county of the decedent's residence even if no probate is filed.
Answered on 3/15/01, 9:50 am