Probate, Claims and the 2-Year Bar
Juan Antunez has a nice post (here) about "Florida's unforgiving 2-year non-claim statute." Mr. Antunez starts with a good summary of the forces at work in Florida (and most other probate statutes):
An overarching theme of Florida’s probate code (and recurring point of discussion on this blog) is the tension between basic due-process rights on the one hand and Florida’s strong public policy favoring the speedy administration of estates on the other. In order to move things along as quickly as possible (with the least amount of litigation expense possible), Florida law provides extremely short windows of opportunities for litigants to file claims.
The question in the case discussed by Mr. Antunez involves whether the 2-year limitation on claims can be overriden if a decedent's Will directs that “just debts, funeral and administration expenses be paid as soon after [her] death as may be practical . . ." The court finds that it can't, because this would leave an estate open to claims indefinitely, which defeats one of the main purposes of the probate code.
This case is of interest in Illinois because our state has a similar 2-year bar on claims after death. I would add that a claim filed more than two years after a decedent's death is in fact not a "just" debt or expense, since it's not recognized as a valid debt or expense under the law.
From an executor or administrator's perspective, it's important to realize that such a debt or expense CAN'T be paid without a violation of fiduciary duty. You may feel bad for the creditor, and feel like it's unfair that it isn't being paid money it may have been owed, but you shouldn't act on those feelings (unless you have the consent of all of the beneficiaries).
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