In short: Key Florida probate deadlines: deposit the will within 10 days of learning of death; object to a will within 3 months of service of the notice of administration; creditors file within 3 months of first publication (or 30 days of service); claims are barred 2 years after death (§ 733.710).
Florida probate is a game of clocks. Most of them are short. Many of them are absolute. Miss one and the right is gone, no matter how good your case was.
Here they are in one place.
The Deadline Checklist
- 10 days after learning of the death: whoever holds the original will must deposit it with the clerk (§ 732.901).
- 60 days after letters issue: the personal representative files the verified inventory (Probate Rule 5.340).
- 3 months after service of the notice of administration: deadline to object to the validity of the will, the venue, or the court’s jurisdiction (§ 733.212(3)).
- 3 months after first publication of the notice to creditors (or 30 days after a creditor is served, if later): deadline for creditors to file claims (§ 733.702(1)).
- 6 months after death: a surviving spouse’s deadline to elect a one-half interest in the homestead instead of a life estate (§ 732.401(2)).
- The earlier of 6 months after service of the notice of administration, or 2 years after death: deadline for a surviving spouse to file for the elective share (§ 732.2135).
- 6 months after receiving a trust disclosure document or limitation notice: deadline to sue a trustee on an adequately disclosed matter (§ 736.1008(2)).
- 12 months from letters: time standard to close an uncontested estate (Rule 2.250).
- 2 years after death: outside bar on claims against the estate (§ 733.710).
How Creditor Claims Work
Florida protects beneficiaries by forcing creditors to come forward quickly.
The notice to creditors. The personal representative publishes a notice to creditors in a local newspaper and must serve it on creditors who are known or reasonably ascertainable. Under § 733.702(1), claims must be filed “on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor.”
Objecting to a claim. Under § 733.705, the personal representative (or another interested person) can object to a claim within 4 months after first publication of the notice to creditors or 30 days after the claim is filed, whichever is later. Once the objection is served, the creditor has 30 days to file an independent lawsuit on the claim, or the claim is barred, unless the personal representative agrees in writing to extend that time.
The two-year wall. Section 733.710(1) is the backstop: “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,” except as the statute provides.
These deadlines are not technicalities. They are substantive cutoffs. A valid debt that isn’t timely presented can be extinguished.
Why This Matters to Beneficiaries
If you are inheriting, the creditor deadlines are your friend. Once the claims period runs and valid claims are paid, the estate can be closed and distributed with confidence.
If you are a creditor of someone who died (a lender, a landlord, a business partner, a family member owed money), calendar the dates the day you learn of the death.
Why This Matters if You Want to Challenge Something
The family deadlines are just as short. The 3-month window for a will contest and the elective share deadline catch people who are grieving, who assume they have time, or who are waiting to “see what happens.” Don’t.
Watch: the videos behind this article
Florida Probate Deadlines You Must Know
Florida probate creditor claims deadline explained
Go Deeper
- Florida Probate Deadlines You Must Know
- Florida Probate Has Hard Deadlines for Creditors — §§ 733.702 and 733.710
- The Trust Lawsuit Deadline Nobody Warns You About — § 736.1008
Frequently Asked Questions
How long do creditors have to file a claim in Florida probate?
The later of 3 months after first publication of the notice to creditors, or 30 days after service on a creditor who must be served, under § 733.702(1).
What is the 2-year rule in Florida probate?
Under § 733.710, 2 years after death the estate, personal representative, and beneficiaries are generally not liable for claims against the decedent, whether or not probate was opened.
How long does a personal representative have to object to a claim?
Under § 733.705, the later of 4 months after first publication of the notice to creditors or 30 days after the claim is filed. The creditor then has 30 days after service of the objection to sue.
What is the deadline to contest a will in Florida?
Generally 3 months after service of the notice of administration, under § 733.212(3).
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 litigation lawyer in St. Petersburg for probate deadlines and creditor claims, 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.
