Priority of claims

Question 1

Class 1 claims

Answer 1

related to the expenses of estate administration, personal reps and attorneys

Question 2

Class 2 claims

Answer 2

expenses of decedent’s funeral and grave marker, not to exceed $6,000 (if funeral expenses are higher, the rest would be considered class 8 claims)

Question 3

Class 3 claims

Answer 3

debts and taxes that have preference under federal law and certain other claims such as those for recoupment of Medicaid benefits

Question 4

Class 4 claims

Answer 4

medical/hospital expenses related to the last 60 days of decedent’s illness

Question 5

Class 5 claims

Answer 5

family allowance authorized in Fla. Stat. § 732.403 to maintain certain family members during the estate’s administration (capped at $18,000)

Question 6

Class 6 claims

Answer 6

any court-ordered child support arrearages

Question 7

Class 7 claims

Answer 7

business debts incurred during administration (not to exceed the amount of business assets)

Question 8

Class 8 claims

Answer 8

all other claims

Question 9

What if the estate is insufficient to satisfy all claims?

Answer 9

Fla. Stat. 733.707(2) – if estate is insufficient, pro rata share to everyone

Fla. Stat. 733.607(2) – if estate is insufficient, PR can be paid out of a revocable trust