What is a Personal Representative’s Proof of Claim in Florida Probate?
If you're managing a loved one’s estate as a Personal Representative in Florida, you have several legal responsibilities. One of the lesser-known, but important tasks may include filing a Personal Representative’s Proof of Claim during the probate process.
In this post, we’ll explain what a Proof of Claim is, when it’s required, and why it matters (in plain English).
What Is a PR’s Proof of Claim?
A Personal Representative’s Proof of Claim is a document filed in Florida probate court to list claims the estate has already paid or intends to pay. It allows the Personal Representative (“PR”) to formally notify heirs, beneficiaries, and creditors of those payments or planned payments, and gives others a chance to object if necessary.
This process is governed by Florida Probate Rule 5.498 and Florida Statute § 733.703.
When Is It Required?
The PR should file a Proof of Claim when:
The estate has already paid debts or
The PR intends to pay a claim that hasn’t yet been settled.
What Must Be Included in a PR’s Proof of Claim?
Florida Probate Rule 5.498 requires a PR Proof of Claim include:
1. The name and address of the creditor
2. The amount of the claim
3. The basis for the claim (e.g., final medical bills, credit card debt)
4. Whether the claim is paid or to be paid
5. Whether the claim is matured, unmatured, contingent, or unliquidated
6. Whether the claim is secured by property (like a mortgage or lien)
Who Needs to Receive the PR’s Proof of Claim?
Florida Probate Rule 5.498(c) requires Proof of Claim be served on all “interested persons”—typically heirs, beneficiaries, and known creditors—when it’s filed or shortly after.
Who is an Interested Person?
The Florida Probate Code generally defines an “interested person” as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved...” Florida Statute 731.201(23).
When Must Someone Object to the Proof of Claim?
Fla. Prob. R. 5.498 requires an interested party who wants to object to a claim that is "to be paid," to do so within the later of:
4 months after the first publication of the Notice to Creditors, or
30 days after the Proof of Claim is filed.
Florida Statutes 733.703(2) and 733.705(5) requires that if an interested person objects and the claim hasn’t yet been paid, the creditor must file a separate lawsuit within 30 days, or the claim may be barred.
Why Does Filing a Proof of Claim Matter?
Filing a Proof of Claim helps:
· Preserve a PR’s claim when the PR pays or plans to pay debts;
· Avoid legal disputes later on during the administration;
· Promote transparency in the probate proceeding; and
· Ensure fairness to beneficiaries and creditors.
At Brett Legal, we guide our clients including Personal Representatives and interested persons to ensure the probate proceeding adheres with Florida law. If you are the Personal Representative of an estate or an interested person of a probate proceeding looking for representation, do not hesitate to contact us.
Sincerely,
Silvia A. Brett, Esq.
Silvia Brett is an attorney who handles Probate and Estate Planning throughout the state of Florida. She is also a Florida Supreme Court Circuit Civil Certified Mediator located in St. Petersburg, FL. Click here for more information.
Disclaimer: The information provided on this blog is for general informational purposes only and is not intended to be legal advice. The content may not reflect the most current legal developments, and it is not guaranteed to be complete or up-to-date. The information on this blog should not be taken as legal advice for any specific case or situation. You should not act or refrain from acting based on any content included in this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in your jurisdiction. The author expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this blog. If you have any questions about your legal rights or obligations, you should consult an attorney.
