Handling Creditor Claims in Florida Probate

One of the central jobs of a Florida personal representative is dealing with the deceased person’s debts. Done correctly, the process protects both legitimate creditors and the heirs. Done carelessly, it can leave the representative personally exposed. Here is a plain-English look at how creditor claims work under Florida’s Probate Code, mainly Part VII of Chapter 733.

The notice that starts the clock

In a formal administration, the personal representative must publish a Notice to Creditors in a local newspaper in the county and must also serve the notice directly on any creditor the representative knows about or can find through reasonable diligence. This is not optional, and serving known creditors is a key Florida requirement that representatives sometimes overlook.

The deadlines creditors face

Florida gives creditors a limited window to file a Statement of Claim with the court:

• Generally, a creditor has three months from the first publication of the Notice to Creditors, or
• For a creditor who was actually served, 30 days from the date of service, whichever is later.

There is also an outer limit: under Section 733.710, claims are generally barred two years after the date of death regardless of whether notice was published. Claims filed late are usually barred, which is exactly why the timing rules matter.

Objecting to a claim

Not every filed claim is valid. The personal representative (or another interested person) can file a written objection. Once an objection is served, the creditor must file an independent lawsuit to enforce the claim within a short statutory period, typically 30 days, or the claim is barred. This gives the estate a structured way to push back on questionable debts.

The order in which debts get paid

If an estate cannot pay everything, Florida does not pay on a first-come basis. Section 733.707 sets a priority order, roughly:

1. Costs and expenses of administration;
2. Reasonable funeral expenses (capped by statute);
3. Certain debts and taxes with federal preference;
4. Reasonable medical expenses of the last 60 days of the final illness;
5. The family allowance;
6. Child support arrearages;
7. Business debts incurred after death by the estate; and
8. All other claims.

Lower-priority creditors are paid only if money remains after higher classes are satisfied.

What creditors usually cannot reach

Florida’s strong asset protections shield some property from general creditors. Homestead (Article X, Section 4) passing to a surviving spouse or heirs is generally protected from the decedent’s creditors. Life insurance and annuity proceeds payable to a named beneficiary, and certain exempt property and the family allowance, also typically stay out of creditors’ reach. And remember, Florida imposes no state estate or inheritance tax, so those are never line items.

Why precision matters

A personal representative who fails to notify a known creditor, or who pays lower-priority debts before higher ones, can be held personally liable. The rules are technical and the deadlines short. This article is general information, not legal advice. If you are administering a Florida estate or are a creditor trying to collect, consult a licensed Florida probate attorney to protect your position.