About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 U. Fla. L. Rev. 1 (1948)
Probate Claims in Florida

handle is hein.journals/uflr1 and id is 9 raw text is: University of Florida Law Review Vol. I SPRING, 1948 No. 1 PROBATE CLAIMS IN FLORIDA JAMs R. WSON and E. MARTIN McGEHEE In any system of probate administration the handling and treatment of claims is of prime concern to personal representatives, creditors and the next of kin, heirs or legatees or devisees or those who may seek to claim through or under them by purchase or otherwise. A compact, closely knit and well thought out group of sections of the Florida Probate Law deals with most aspects of the problem in a reasonably complete manner.1 These sections, as well as the other parts of the Probate Law, reflect considerable thought and study by the Probate Law Committee of the Florida State Bar Association. They manifest a clear policy and purpose to facilitate and effectuate a speedy settlement of estates in so far as such goal can be accomplished with fairness and justice towards all.2 Pursuit of the statutory procedure enables the personal representative within a reasonable time to ascertain what demands or debts are due and whether the estate is solvent or insolvent. Creditors know how to proceed to secure satisfaction of their claims and distributees can become informed as to the propriety of insisting on distribution.3 I. NoTicE To CREDITORS The initial step with reference to claims is a published or posted notice to creditors.4 Every personal representative comes under a man- datory obligation to see that this step is taken promptly after the taking out of letters testamentary or of administration. A curator appointed 1F)LA. STAT. 1941, §§733.15-733.21 and 734.29 (Supp. 1945). State Bank of Orlando and Trust Co. v. Macy, 101 Fla. 140, 133 So. 876 (1931). 'State ex rel. Courtney v. Harrison, 145 Fla. 727, 200 So. 345 (1941); Smith v. Fechheimer, 124 Fla. 757, 169 So. 395 (1936); Remseyer v. Datson, 120 Fla. 414, 162 So. 904 (1935). 'RFA. STAT. 1941, §733.15 (Supp. 1945). [1]

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most