How Do I File a Claim With Probate in Hillsborough County, Florida?
When a person dies, his estate is entered into probate if there are assets which need to be disposed. Along with any beneficiaries of the estate, the decedent's creditors will receive payments as well. To be included in the disposition of assets, a creditor should file a statement of claim with the probate office in Hillsborough County. Filing a claim will ensure that the creditor is included when payments from the estate are made.
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Instructions
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Check if the decedent's estate has entered into probate. In the state of Florida, there's no statute of limitations on filing in probate court. Contact the Clerk of the Circuit Court---Probate, Guardianship and Trust and inquire if a probate case is open. By law, the personal representative of the estate, also known as the executor, is required to publish the probate of an estate in a countywide newspaper. If it has been published, a creditor has three months to make a claim against the estate.
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Download the "Statement of Claim" form from the Hillsborough County Clerk of the Circuit Court website (see Resources).
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Fill out the "Statement of Claim" form and sign the document. Make sure all questions are answered thoroughly and truthfully. This form will be considered legal testimony once submitted to the court.
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Mail the form to the Hillsborough County Probate Court at the following address (as of August 2010):
Clerk of the Circuit Court
Probate, Guardianship and Trust
P.O. Box 1110
Tampa, FL 33601-1110
There is no fee for filing the "Statement of Claim" form.
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Tips & Warnings
An attorney is not necessary to file a claim but should be used if the claim is large or could possibly be contested.
If a creditor misses the three-month time period for filing a claim against an estate, he will have to file a suit against the estate to attempt to recoup the monies owed.
References
Resources
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