In short: To collect from a Florida estate, file a written statement of claim in the probate case within 3 months after the first publication of the notice to creditors, or 30 days after you are served, if later (§ 733.702). If the estate objects, you have 30 days to sue (§ 733.705(5)). Everything is barred 2 years after death (§ 733.710).
A debt doesn’t die with the debtor. But the right to collect it can die fast if you treat a probate estate like an ordinary collection case.
No Estate Open Yet? File a Caveat
A creditor who is worried an estate will be administered without notice can file a caveat with the court, but only after the person’s death (§ 731.110). A creditor is also an interested person who can ask the court to open an administration if family members won’t.
File a Claim, Not a Letter
A letter or an email to the family or the lawyer is not a claim. You file a written statement of claim in the probate case with the clerk.
The deadline is in § 733.702(1): a claim is not binding unless filed on or before the later of 3 months after the first publication of the notice to creditors or, for a creditor who must be served, 30 days after service of the notice. Reasonably ascertainable creditors must be served with the notice (§ 733.2121).
The 2-Year Wall
"Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued." (§ 733.710(1))
Recorded mortgages and security interests are protected (§ 733.710(3)). Unsecured creditors are not.
If the Estate Objects
The personal representative or another interested person can file an objection within 4 months after first publication, or 30 days after your claim is filed, whichever is later (§ 733.705(2)). Once you are served with an objection:
"The claimant is limited to a period of 30 days from the date of service of an objection within which to bring an independent action upon the claim…" (§ 733.705(5))
Miss the 30 days and the claim is barred without a court order. The court can extend the time for good cause, and the personal representative can agree in writing to an extension before it expires.
Who Gets Paid First
Valid claims are paid in the order set by § 733.707(1):
- Costs and expenses of administration, including the personal representative’s and attorneys’ fees.
- Reasonable funeral, interment, and grave marker expenses, up to $6,000.
- Debts and taxes with preference under federal law, and certain state claims.
- Medical and hospital expenses of the last 60 days of the last illness.
- Family allowance.
- Child support arrearages.
- Debts from continuing the decedent’s business.
- All other claims, including judgments.
Most ordinary creditors are Class 8. If the estate is small, Class 8 may get little or nothing even on a perfect claim.
Watch: the videos behind this article
A Dead Person Owes You Money? Here’s How You Actually Collect in Florida
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Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments involving claims against estates and creditors chasing estate and trust assets, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Burial-Cost Claim Struck Without Explanation — Is That Probate Order Final and Appealable?
Estate of Paluccci — Creditor Released $7M Claim Then Sought Amendment
Can Treble Damages Be Awarded Against an Estate? | Bell v. Snyder | Florida Supreme Court
Florida Probate Case Appeal: Estate Claim Denied
More Arguments on This Issue
Go Deeper
- Florida Probate Deadlines and Creditor Claims: Every Clock That Matters, in One Place
- Florida Probate Has Hard Deadlines for Creditors: §§ 733.702 and 733.710
- Florida Homestead Creditor Protection: What Survives Death and What Doesn’t
Frequently Asked Questions
How long does a creditor have to file a claim against an estate in Florida?
The later of 3 months after the first publication of the notice to creditors or, for a creditor who must be served, 30 days after service (§ 733.702). All claims are barred 2 years after death (§ 733.710).
What happens if the personal representative objects to my claim?
You have 30 days from service of the objection to file an independent action on the claim, unless the court extends the time or the personal representative agrees in writing (§ 733.705(5)).
Can a creditor open a probate estate in Florida?
A creditor can file a caveat after the death so it gets notice (§ 731.110), and as an interested person can petition for administration if no one else opens the estate.
Who gets paid first from a Florida estate?
Administration expenses, then funeral expenses up to $6,000, then preferred federal debts and taxes, last-illness medical bills, family allowance, child support arrearages, business debts, and finally all other claims (§ 733.707).
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a probate lawyer in St. Petersburg for a creditor claim, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
