Florida Creditor Claims in Probate

When someone dies with debts, their estate is responsible for paying valid claims. Florida probate provides a structured process for creditors to file claims and for the personal representative to review and pay them.

Overview of the Creditor Claims Process

How It Works

Personal representative publishes Notice to Creditors
Known creditors receive direct notice
Creditors file claims within the deadline
Personal representative reviews and objects to invalid claims
Valid claims are paid according to priority
Remaining assets go to beneficiaries

Why This Matters

Protects the estate from stale claims
Ensures fair treatment of creditors
Allows the personal representative to close the estate
Provides a deadline after which unknown claims are barred

Notice to Creditors

Publication Notice

The personal representative must publish a Notice to Creditors in a qualified local newspaper. The notice runs once a week for two consecutive weeks.

What the Notice Must Include:

Name of the deceased
Date of death
Name and address of personal representative
Name and address of attorney
Deadline to file claims
Where to file claims

Notice to Known Creditors

In addition to publication, you must send actual notice to creditors you know about.

Who Must Receive Notice:

Creditors identified in the deceased's records
Creditors who contact the personal representative
Anyone with a reasonably ascertainable claim

How to Send Notice:

Mail to the creditor's address
Keep proof of mailing (certified mail recommended)

Claims Period Deadlines

The 3-Month Rule

Creditors have 3 months from the first publication of the Notice to Creditors to file claims. After this period, claims from unknown creditors are barred.

The 30-Day Rule

Creditors who receive actual notice have 30 days from the date of that notice to file, OR the 3-month period, whichever is later.

The 2-Year Outer Limit

Florida Statutes 733.710 provides a 2-year statute of non-claim. Even if no probate is opened, most creditor claims are barred 2 years after death.

Exceptions to 2-Year Limit:

Claims by the State of Florida
Certain tax claims
Claims secured by a lien on specific property

How Creditors File Claims

Written Statement of Claim

Creditors must file a written statement with the court clerk including:

Name and address of the creditor
Basis for the claim
Amount claimed
Copy of supporting documents (optional but helpful)

Where to File

Claims are filed with the clerk of the circuit court in the county where probate is pending.

Filing Fee

There is no filing fee for creditor claims in Florida probate.

Reviewing Creditor Claims

Personal Representative's Duty

As personal representative, you must review each claim:

Is the claim valid?
Is the amount correct?
Is there documentation?
Was it filed on time?

Objecting to Claims

If you believe a claim is invalid, file a written objection within 30 days of the claim being filed. If you do not object, the claim is automatically allowed.

Grounds for Objection:

Claim is barred by time
Debt does not exist
Amount is incorrect
Claim lacks documentation
Debt was already paid

What Happens After Objection

If you object:

Creditor has 30 days to file an independent action (lawsuit)
If creditor does not sue, claim is barred
If creditor sues, court determines validity

Order of Payment (Priority)

Florida Statutes 733.707 sets the order for paying estate claims. Pay in this order:

Priority 1: Administration Costs

Attorney fees
Personal representative fees
Court costs
Other administration expenses

Priority 2: Funeral Expenses

Reasonable funeral expenses up to $6,000

Priority 3: Federal Priority Debts

Debts entitled to priority under federal law
Federal taxes

Priority 4: Last Illness Medical Expenses

Medical and hospital expenses of the last 60 days of illness

Priority 5: Family Allowance

Support for surviving spouse and dependents during administration

Priority 6: State Priority Debts

Debts entitled to priority under Florida law

Priority 7: All Other Claims

Credit cards
Personal loans
Other unsecured debts

Priority 8: Statutory Interest

Interest on the above claims as provided by law

Paying Claims

When to Pay

Do not pay claims until:

The claims period has closed
You know the total claims
You know if the estate is solvent

Solvent Estates

If the estate has enough assets to pay all debts:

Pay claims in priority order
Pay equal claims pro rata if insufficient for full payment within a class
Remainder goes to beneficiaries

Insolvent Estates

If debts exceed assets:

Pay in strict priority order
Lower priority claims may receive nothing or partial payment
Nothing left for beneficiaries

Documentation

Keep records of every payment:

Date of payment
Amount paid
Creditor name
Check number or payment reference
Receipt if available

Specific Types of Debts

Secured Debts

Secured debts (like mortgages) are tied to specific property. The creditor can:

File a claim in probate
Foreclose on the property
Or both

If the estate keeps the property, it must pay the debt or the creditor can foreclose.

Credit Card Debt

Credit card debt is unsecured and falls into Priority 7. Creditors must file claims like any other unsecured creditor.

Joint Credit Cards: If the deceased was a joint account holder (not just an authorized user), the estate owes the debt. If merely an authorized user, the estate may not be responsible.

Medical Bills

Medical expenses from the last 60 days of illness have Priority 4 status. Other medical bills are Priority 7 (general claims).

Taxes

Federal taxes: Priority 3
State taxes: Priority 6
Property taxes: Secured by property

Mortgages

Mortgages continue regardless of death. The estate or beneficiaries must:

Continue payments
Pay off the loan
Sell the property
Let the lender foreclose

Protected Assets

Some assets are protected from creditor claims:

Homestead Property

Florida homestead is protected from most creditors (with exceptions for mortgages, taxes, and mechanics liens).

Exempt Property

Certain property set aside for the spouse and dependents is exempt from claims.

Family Allowance

The family allowance has priority over most creditor claims.

Common Issues

Unknown Creditors Appearing Late

If an unknown creditor appears after the claims period:

Their claim is generally barred
Exception: if they can prove they should have received actual notice and did not

Disputing a Claim

If you dispute a claim:

File written objection within 30 days
Serve copy on creditor
Wait for creditor to sue or let claim expire

Creditor Harassing Beneficiaries

Beneficiaries are generally not responsible for the deceased's debts (unless they co-signed or guaranteed them). Creditors cannot collect from beneficiaries personally.

Exception: If assets are distributed before debts are paid, beneficiaries may have to return assets.

Personal Representative Liability

Improper Payment

You can be personally liable if you:

Pay debts before the claims period closes and miss valid claims
Distribute to beneficiaries before paying debts
Pay lower priority claims when higher priority claims exist

Protection

Protect yourself by:

Waiting for the claims period to close
Setting aside reserves for taxes
Paying in strict priority order
Getting court approval for distributions

Frequently Asked Questions

How long do creditors have to file claims in Florida?

Creditors have 3 months from the first publication of the Notice to Creditors. Creditors who receive actual notice have 30 days from that notice or the 3-month period, whichever is later.

What if the estate cannot pay all debts?

Pay debts in priority order. Higher priority claims are paid first. Lower priority claims receive less or nothing. Beneficiaries receive nothing until all debts are paid.

Are beneficiaries responsible for the deceased's debts?

Generally no. Debts are paid from the estate. Beneficiaries are only responsible if they co-signed or guaranteed a debt. They may have to return assets if they received them before debts were paid.

Can creditors take the deceased's house?

Florida homestead is generally protected from creditors. Exceptions: the mortgage lender can foreclose, property taxes can result in a tax sale, and contractors with mechanics liens can collect.

What happens if no probate is opened?

Creditors still have 2 years from death to pursue claims. After 2 years, most claims are barred under F.S. 733.710.

Related Guides

Sources:

"Florida Statutes Sections 733.701-733.710," Florida Legislature, 2024, https://www.flsenate.gov/Laws/Statutes/2024/733.701
"Florida Statutes Section 733.707," Florida Legislature, 2024, https://www.flsenate.gov/Laws/Statutes/2024/733.707
"Consumer Pamphlet: Probate in Florida," The Florida Bar, 2024, https://www.floridabar.org/

This guide provides general information about creditor claims in Florida probate. Consult with a Florida probate attorney for advice specific to your situation.