15 Oct Creditor’s Claims in Florida Probate Cases

Providing for the payment of creditors claims is part of the probate process. You should not pay debts of a decedent without consulting with a probate attorney, because not all debts are eligible for payment. Furthermore, you should never use your own money to pay the debts of a decedent. For decedent’s that died more than two years prior to their estate going through probate, no debts should will be paid because all claims are barred pursuant to Florida Statute section 733.710. The two year limitation on creditor’s claims does not apply to mortgages on real estate.

The process for handling estate debts is different depending on the type of probate administration you will be using. In a summary administration, all known debts are required to be paid from eligible, non-exempt assets of the decedent when those exist.

In a formal administration, creditors receive notice of the estate administration and must file claims in a timely manner in order to be eligible for repayment. A “notice to creditors” is filed in a newspaper in the county where the decedent lived, alerting potential creditors that they have 90 days to file a claim in the probate case to be eligible for repayment. Known creditors are sent a copy of that newspaper filing and given 30 days to file a claim. If a claim is not filed within the allotted time, the claim is waived. When claims are filed in a formal estate administration, the personal representative has the ability to object to the claim if they do not believe it is a valid debt. If a decedent had numerous creditors, formal administration can be beneficial in avoiding the payment of debtors who do not comply with the claim process. Florida Statute section 733.2121 sets out the rules for notices to creditors in formal administrations.

If you have lost a loved one who either was a resident of, or owned property in the the State of Florida, and need assistance with Florida Probate, CLICK HERE, to schedule a consultation with a Florida Probate Attorney.

We serve clients throughout Florida, including, but not limited to, those in the following localities: Alachua County including Alachua, Archer, Gainesville, Hawthorne, High Springs, and Newberry; Bay County including Panama City and Panama City Beach; Broward County including Deerfield Beach, Fort Lauderdale, Hollywood and Pompano Beach, Clay County including Lakeside; Columbia County including Lake City; Duval County including Jacksonville; Leon County including Tallahassee; Marion County including Ocala; Miami-Dade County, including Aventura, Coral Gables, Hialeah, Miami, Miami Beach, Miami Gardens, North Miami, North Miami Beach and Sunny Isles; Palm Beach County including Boca Raton, Delray Beach and Palm Beach, Putnam County including Palatka; Sarasota County including Sarasota; and Taylor County including Perry.

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