Florida Probate Attorney

Florida Estate and Probate Law

  • Free Probate Guide
  • About
  • Pricing
  • Blog
  • Contact

Jan 18 2011

Claims by Florida Personal Representatives Against Florida Estates

Notifying creditors of the estate is one of the most important duties of Florida personal representatives.  Since resolution of creditors’ claims is one of the fundamental purposes of probate, it is no surprise that Florida personal representatives are required to do what they can to notify creditors that the estate has been opened for probate.

Florida Statutes Section 733.2121 requires the personal representative to “promptly publish a notice to creditors.”  The statute further requires Florida personal representatives to do their best to locate any known creditors of the estate:

The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors.

But what if the Florida personal representative is also a creditor of the estate?  This could happen, for example, if the personal representative is a family member that lent the decedent money prior to his or her death.  In this case, the person serving as personal representative would be wearing two hats: one of a personal representative and one of a creditor of the estate.

As you can image, conflict of interest issues can arise in this situation. Since the personal representative has a claim against the estate and is responsible for paying claims against the estate, the personal representative could be open to an accusation of self-dealing for paying his or her claim from estate assets. 

Thankfully, there are a few procedures in place to protect both the personal representative and the Florida probate estate.  If the personal representative is filing against the estate in his or her individual capacity, the personal representative must notify all interested parties of the claim and give them an opportunity to object to the payment. 

Florida Probate Rule 5.12(a) provides that, when a personal representative is enforcing his or her own claim against the estate, the court may appoint an administrator ad litem for the estate.  An administrator ad litem would serve as personal representative for the particular purpose of making sure that the estate’s interest is protected.  This introduces a neutral third party into the proceeding to ensure that the estate and the personal representative are protected. 

Although the appointment of an administrator ad litem is not a strict legal requirement, it is good practice (and Florida probate courts typically require it) if the personal representative has a claim against the estate.  Florida probate attorneys and personal representatives should utilize this procedure if the personal representative files a claim, especially if there are other interested parties who do not consent to payment of the claim. 

Written by Jeramie Fortenberry · Categorized: Probate

The Florida Probate Process

  • Florida Probate and Estate Administration
  • Florida Last Will and Testament
  • Alternatives to Probate in Florida
  • Florida Probate | Summary Administration in Florida
  • Florida Intestacy and Intestate Succession Law
  • Florida Probate | Formal Administration in Florida

Common Probate Questions

  • How Much Does Florida Probate Cost?
  • How Long Does Probate Take in Florida?
  • Who can Serve as Personal Representative in Florida?
  • How Do I Get Letters of Administration in Florida?
  • How Do I Transfer of Automobile or Mobile Home without Probate in Florida?

Recent Posts

  • Rights of Stepchildren to Assets of a Deceased Parent in Probate
  • Formal Florida Probate Administration in 10 Steps
  • Using an Unrecorded Pocket Deed to Avoid Probate
  • Proposed Amendments to Florida Constitution Would Extend Homestead Benefits
  • Can a Florida Personal Representative Sell Assets of the Estate?
  • Substituting or Removing a Personal Representative in Florida Probate
  • Who Can Serve as Personal Representative in a Florida Probate?
  • Can You Open a Safety Deposit Box Without Probate in Florida?
  • Changing a Florida Last Will and Testament in Probate Court
  • Closing the Unexpectedly-Insolvent Estate
  • Spouses Win, Children Lose Under New Florida Intestate Law
  • How Recent Florida Power of Attorney Changes Could Affect You
  • Heir Property: What is Heir Property?
  • Recent Florida Probate Case Illustrates Problems with DIY Wills
  • Breach of Fiduciary Duty Causes Loss of Florida Homestead Protection
  • Florida Asset Protection Case: “Renewed” Judgment is Enforceable Action on Judgment
  • Florida Intestate Law: Dying Without a Will in Florida
  • Florida Personal Representative Cannot Reach Assets of Decedent’s Wholly-Owned Corporation
  • Undue Influence in Florida Probate Matters
  • 3d DCA: Florida Fraudulent Transfer Barred by Statute of Limitations
  • Florida Bar Journal Article on the Olmstead Decision
  • Miami-Dade Homestead Case: What Does it Mean to be “Naturally Dependent?”
  • 4th DCA Gets it Wrong on Parental and Religious Rights
  • Examples of Interested Persons in Florida Probate Proceedings
  • Disclosure of the Personal Representative’s Inventory in Florida Probate

Copyright © 2025 · Altitude Pro Theme on Genesis Framework · WordPress · Log in