Florida Objection to Allowed Claim in Accounting

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Multi-State
Control #:
US-02653BG
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Word; 
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Description

Any interested party in an estate of a decedent generally has the right to make objections to the accounting of the executor, the compensation paid or
proposed to be paid, or the proposed distribution of assets. Such objections must be filed within within a certain period of time from the date of service of the Petition for approval of the accounting.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Rule 5.440 - PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE (a) Commencement of Proceeding. The court on its own motion may remove, or any interested person by petition may commence a proceeding to remove, a personal representative.

An objection to a claim, other than a personal representative's proof of claim, shall be in writing and filed on or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing or amendment of the claim, whichever occurs later.

Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.

A personal representative's proof of claim shall state: (1) the basis for each claim; (2) the amount claimed; (3) the name and address of the claimant; (4) the security for the claim, if any; (5) whether the claim is matured, unmatured, contingent, or unliquidated; (6) whether the claim has been paid or is to be paid; ...

A creditor's statement of claim shall be verified and filed with the clerk and shall state: (1) the basis for the claim; (2) the amount claimed; (3) the name and address of the creditor; (4) the security for the claim, if any; and (5) whether the claim is currently due or involves an uncertainty and, if not due, then ...

If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies. If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary.

Section 733.609 - Improper exercise of power; breach of fiduciary duty (1) A personal representative's fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from the breach of this duty.

Once you file your statement of claim against an estate, the personal representative of the estate will either pay the claim, object to the claim, or attempt to settle the claim for some reduced amount. Other interested persons, such as beneficiaries, may also file objections to your claim.

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Florida Objection to Allowed Claim in Accounting