In this video, Lauren Burns of SJF Law Group in Plantation, Florida explains how the notice to creditors works in Florida probate, how to serve it, and why it matters. You will learn the steps to publish and serve, key deadlines, what happens if notice is skipped, and simple tips to keep probate on track.
How does probate work in Florida?
The court appoints a personal representative, sometimes called an executor in other states, and issues letters of administration. The personal representative gathers and protects assets, pays valid debts in the right order, and only then makes distributions to beneficiaries. Notice to creditors is a huge part of this process because it starts the clock for bills and claims.
What is the notice to creditors and why does it matter?
Notice to creditors starts the claim period so creditors must act by a deadline. Without it, the estate stays exposed to claims longer than most families expect. Publishing and serving notice turns on the claim timer, reduces lingering risk, and helps probate run smoothly instead of becoming a source of stress.
How do you do a diligent search for creditors?
Start by finding every known or reasonably ascertainable creditor and a good mailing address. A diligent search includes checking:
- Mail and email
- Bank and credit card statements
- Last tax return
- Medical bills and last illness providers
- Mortgage or rent and HOA
- Car loans and utilities
- Collection letters
- Credit report, when helpful
Where and how do you publish the notice to creditors?
In Florida, the personal representative must publish the notice in a newspaper in the county where the estate is administered. It runs once a week for two consecutive weeks. The three month claim period starts on the date of first publication, not the second week, and proof of publication is filed with the court.
How do you serve known creditors in Florida probate?
Serve a copy of the notice to creditors on each known or reasonably ascertainable creditor. Use certified mail or another trackable delivery to the creditor’s best address, or the creditor’s attorney if the creditor is represented in an open matter. Service should occur within the three month window that follows the first publication. Track every mailing date and keep receipts.
What are the claim deadlines after notice to creditors?
Deadlines are strict and depend on publication, service, and time since death.
| Creditor type | When their clock starts | Deadline to file claim
|
|---|---|---|
| Unknown creditors | Date of first publication | Three months from first publication |
| Known or served creditors | Later of first publication or service | Later of three months from first publication or 30 days from service |
| All creditors | From date of death | Hard stop at two years after death, when most claims are barred by Florida statute |
What happens if you skip or delay notice to creditors?
If you never publish, the three month window never starts for unknown creditors, and the estate stays open to claims for the full two years after death. If you fail to serve a known creditor, their 30 day clock never starts, and they keep rights until service or the two year bar.
Paying bills or making distributions before handling claims poses risks against the personal representative.
How should you handle creditor claims when they arrive?
A creditor must actually file a statement of claim with the probate court. A bill in the mail alone is not enough. Confirm that a claim was filed, the amount, and the basis of the debt. If a claim looks wrong or inflated, file an objection quickly. After an objection, the creditor must file a separate lawsuit on time or the claim dies.
Watch for shady claims. Ask for proof. No proof, no payment. No filed claim, no payment.
What is the correct order to pay estate debts?
Order matters. Paying in the wrong order can trigger court action and a surcharge against the personal representative. In general:
- Expenses of administering the estate come first.
- Funeral expenses, taxes, and last illness medical expenses have priority over general credit cards.
- Family allowance also sits ahead of many debts.
- Mortgages and HOAs are creditors. Liens follow the collateral until paid.
What practical tips keep Florida probate on track?
- Publish promptly after appointment. Waiting helps no one and extends exposure.
- Serve every known creditor with a trackable method. Keep receipts.
- Keep a clean spreadsheet with name, address, date served, tracking number, and any response.
- Use an estate account only. No personal funds in or out. If you advanced payments, wait for the estate account and reimburse properly with records.
- Hold distributions to heirs until the creditor period ends and claims are resolved or reserved for. Set expectations with family early to reduce fights.
- Expect government creditors such as the IRS, Florida’s agency for healthcare administration, Medicaid estate recovery when long term care benefits were paid, and counties for property taxes.
- Remember that mortgages and HOAs are creditors, and liens follow the property until paid.
Does summary administration change how notice to creditors works?
If the estate qualifies for summary administration and two years have passed since death, creditor claims are barred by law, so summary often works smoothly. If death was under two years, you still need to deal with known creditors in summary administration and make provision for payment.
What simple analogy explains notice to creditors?
The notice to creditors is the on switch for the claim timer. Once you publish and serve, the timer runs. Without the switch, nothing counts down and the estate can sit in limbo for up to two years. Start the clock, follow the steps, and keep receipts.
Big picture, the personal representative protects assets, starts the creditor clock, pays valid claims in the right order, and then distributes what is left to the right people.
FAQ
- Who is the personal representative in Florida probate?
The person the court appoints to gather and protect assets, handle notice to creditors, pay valid debts, and make distributions. - What does the notice to creditors do?
It starts the claim clock for creditors and shortens the time the estate is exposed to claims. - Where must the notice to creditors be published?
In a newspaper in the county where the estate is administered, once a week for two consecutive weeks. - When does the three month claim period begin?
On the date of first publication, not the second week. - How do you serve known or reasonably ascertainable creditors?
Send a copy of the notice by certified mail or other trackable delivery to the creditor’s best address or their attorney. - What is the deadline for a creditor who was served?
The later of three months from first publication or 30 days from service. - What happens if you never publish a notice to creditors?
The three month window never starts for unknown creditors, and the estate stays open to claims for up to two years after death. - Does a bill in the mail count as a claim in Florida probate?
No. The creditor must file a statement of claim with the probate court. - How should you respond to a claim that looks wrong or shady?
Ask for proof and consider filing an objection. If the creditor does not file a separate lawsuit on time after objection, the claim dies. - Should you pay heirs before the creditor period ends?
No. Hold distributions until the creditor period ends and claims are resolved or reserved for to avoid risk and disputes.
Protecting Your Family Is a Phone Call Away
Don’t leave planning for your future and that of your loved ones to chance. All it takes is one phone call to SJF Law Group to ensure that your wishes will be followed, and your loved ones taken care of when you are gone.
We guide individuals through the complex probate process and handle all aspects of the creation, administration, and settlement of trusts. When you work with the estate planning attorneys at SJF Law Group you get more than just an estate plan: you get peace of mind.
Call us at 954-580-3690 or email us at info@estateandprobatelawyer.com today.