We know that hard-copy creditor claims must be timely filed with the clerk, but did you know that they must also be timely e-filed? In United Bank v. Estate of Edward, a Florida court of appeal reviewed a timely creditor claim filing and ultimately concluded that it was untimely. In April 2013, e-filing creditor claims became mandatory in Florida, requiring that attorneys file documents with the clerk as well as electronically. So, in this case, United Bank’s claims deadline was May 15, 2013. Their paper documents were received by the clerk on May 14, but the clerk reminded them over a week later that their claims must be filed electronically as well. This process was complete on June 22, listing a filing date, however, of May 23. The appellate court ruled against the bank’s argument, noting that there is no exception for a timely filing when the paper filing is on time followed by an untimely e-filing.
See Anya Van Veen, Florida Probate Creditor Claim Not E-Filed Rejected as Untimely, Florida Probate Lawyers, July 18, 2016.
