By: David M. Garten, Esq.
ARTICLE: DO I HAVE TO FILE A CLAIM?
The purpose of this article is to provide concrete examples of when it is necessary to file a claim
against an estate, and to clarify the “trust” exception to the claims statute.
I. "CLAIM" DEFINED:
Sec. 733.702, Fla. Stat. defines a "claim" as a demand against the decedent's estate that arose before
the death of the decedent, even if the claims are unmatured, contingent, or unliquidated. Therefore,
if the demand or expense was incurred by your client post-death, it may not be necessary to file a
claim.
