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Revised Notice to Creditor form available from FLSSI

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Revised Notice to Creditor form available from FLSSI

Notice to Creditor forms were added to the Florida Lawyers Support Services, Inc., probate forms to implement §733.2121 of the Florida Probate Code, which became effective January 1, according to William R. Platt, chair of the Real Property, Probate and Trust Law Section’s Forms Committee.

The panel has revised the Notice to Creditors forms for both a formal probate administration and summary administration, Platt said. Both Notice to Creditors forms now include notice that all claims filed two years or more after the decedent’s date of death are barred. Section 733.2121 of the Florida Probate Code requires that the notice state that creditors must file claims against the estate “within the time periods set forth in sections 733.702 and 733.710, or be forever barred.”

Platt said prior to January 1, in addition to publication, ascertainable creditors were notified by service of the Notice of Administration, which was also served on beneficiaries and other interested persons. The revised probate code now separates the Notice to Creditors from the Notice of Administration.

“Each of those forms serve a different purpose,” Platt said. “In a formal administration, the Notice to Creditors must be published and a copy served on all ascertainable creditors. The Notice of Administration is no longer required to be published and must be served on beneficiaries, but not on creditors.”

The two Notice to Creditors forms, P-3.0740 (formal administration) and P-2.0355 (summary administration), are now available from FLSSI by calling (850)656-7590, or may be downloaded from www.flssi.org.

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