Port Saint Lucie, FL asked in Family Law and Probate for Florida

Q: I need to file a Claim against an Estate. I've been told that I must provide an "Entry of Appearance" before filing.

What exactly is this and how do I comply? I have all the documents to support the Claim.

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4 Lawyer Answers

A: Typically, an entry of appearance is called a notice of appearance in the case, usually by an attorney. Thus, if needed you can file a notice giving your name and address of how to be contacted along with your claim.

A: Contact the probate clerk at your local clerk of courts -- they should have a form for you -- the do in my jurisdiction -- Pinellas. We dont do entry of appearance and you dont need a lawyer. The claim has all your information on it.

A: If you are not an attorney, you should not need to file a notice of appearance. If you are simply a creditor, then you may file a claim in any estate, so long as the claim period has not passed. If it has passed, then you would need the court's permission to file a late claim, and to do something like that, I would suggest that you should hire a probate attorney. If you are within the claims period, then you and any other creditors may file your claim using the appropriate claim form with some supporting documentation of the source of the claim attached.

A: An attorney would file a Notice of Appearance. If you just wanted to file a claim in the probate, you would just file a Proof of Claim. The forms are available on the Clerk of Court website for the county in which the probate has been filed. Best of Luck! Jennifer

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