MARCH 2021 BAR BULLETIN MARCH 2021 | Page 20

PROBATE CORNER
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PROBATE CORNER

DAVID M . GARTEN

Probate Court ’ s Retention Of Jurisdiction Over Disputed Claims

After a claim is filed in the estate , the probate court retains jurisdiction to resolve some but not all issues pertaining to the validity of the claim . This article addresses those issues to be resolved in the probate division vs . those issues to be resolved in the civil division after the filing of an independent action .
Sec . 733.702 ( 1 ), F . S . reads : “ If not barred by s . 733.710 , no claim or demand against the decedent ’ s estate … is binding on the estate , on the personal representative , or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or , as to any creditor required to be served with a copy of the notice to creditors , 30 days after the date of service on the creditor , even though the personal representative has recognized the claim or demand by paying a part of it or interest on it or otherwise ….
In addition , § 733.705 reads in relevant part : “( 2 ) 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 a claim , whichever occurs later , a personal representative or other interested person may file a written objection to a claim …. ( 5 ) The claimant is limited to a period of 30 days from the date of service of an objection within which to bring an independent action upon the claim , or a declaratory action … unless an extension of this time is agreed to by the personal representative in writing before it expires .”
In Northern Trust Co . v . Abbott , 2021 Fla . App . LEXIS 71 ; 2021 WL 45668 ( Fla . 2d DCA Jan . 6 , 2021 ), the court addressed the scope of the probate court ' s jurisdiction when faced with both an objection , which results in the filing of an independent action in circuit court , and a motion to strike a statement of claim . The claimant took the position that when she filed her independent action under § 733.705 ( 5 ), the probate court ' s jurisdiction ended . In response , the court held :
“ Neither the probate rules nor chapter 733 address the filing of a motion to strike , but the cases allow an interested party to file both an objection and a motion to strike a statement of claim , as Northern Trust did here . See Simpson v . Estate of Simpson , 922 So . 2d 1027 , 1029 ( Fla . 5th DCA 2006 ); Bell , 366 So . 2d at 767 . A motion to strike tests the facial sufficiency of the statement of claim , whereas the objection — which requires the claimant to file an independent action — relates to the validity or merits of a facially sufficient claim . See Simpson , 922 So . 2d at 1029 ( noting the probate court should have ended its inquiry after determining whether the claimant was a reasonably ascertainable creditor and erred in proceeding to determine the validity of the claimant ' s claim , stating " the merits of [ the claimant ' s ] claim should have been determined in an independent action ");
Bell , 366 So . 2d at 767 (" The personal representative ' s objection to the sufficiency of the [ s ] tatement of [ c ] laim can be raised only in the probate court . The personal representative may not collaterally attack the sufficiency of the claimant ' s [ s ] tatement of [ c ] laim in the trial court which will hear the independent action ." ( citations omitted )). When a challenge to the legal sufficiency of a claim is made , the probate court must first determine the facial sufficiency of the claim before the parties litigate the subject matter of the claim in circuit court . See id . Similarly , a challenge to the timeliness of the claim is also a matter within the jurisdiction of the probate court . See Picchione , 354 So . 2d at 955 ( holding the probate court properly entered summary judgment on an untimely claim filed against the estate ). If the statement of claim is not facially sufficient or is time barred , then there is no reason to require the parties to participate in an independent action to determine the merits of the claim .”
SUMMARY : A probate court retains jurisdiction to determine : ( a ) whether a claimant is a reasonably ascertainable creditor , ( b ) the facial sufficiency of the claim , and ( c ) whether the claim was timely filed in the probate court . Once an independent / declaratory action is filed , all other issues pertaining to the claim are resolved in the civil division .

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PBCBA BAR BULLETIN 20