As the personal representative for your late uncle's estate in Florida, you thought the creditor claim period had passed without incident. Then, a hospital billing department contacts you about an unpaid emergency room visit from six months ago, demanding payment despite missing Florida's filing deadline.
At Beacon Legacy Law™, our Stuart probate attorney helps personal representatives understand their rights when creditors attempt to file late claims. Florida law provides strong protection for estates, but knowing how to respond properly protects both the estate and your role as personal representative.
Florida's Creditor Claim Deadlines
Florida probate law establishes firm deadlines to bring closure to estate administration and protect beneficiaries from indefinite uncertainty.
The Three-Month Rule
Under Florida Statute 733.702, creditors generally have three months from the first publication of notice to file claims. However, known creditors who receive direct notice get 30 days from service, whichever deadline comes later.
Say, for example, that Marie published notice on February 10 but served direct notice to her father's credit card company on March 1. The credit card company has until May 10 (three months from publication) to file, not March 31 (30 days from direct service).
The Two-Year Absolute Deadline
Florida Statute 733.710 creates an absolute two-year limit from the date of death. No creditor can file a valid claim after this deadline expires, regardless of circumstances or exceptions.
Limited Exceptions to Late Filing of Creditor Claims
Florida recognizes very few circumstances where late claims might succeed beyond the initial three-month period.
Federal Tax Claims
The most common exception involves federal tax debts. The IRS operates under federal law, not state probate statutes. Federal tax claims may remain valid if filed within IRS deadlines, even after Florida's deadlines expire.
Most state agencies are subject to Florida's same deadlines, though some programs like Medicaid recovery may have extended rights under specific statutes.
Reasonably Ascertainable Creditors
Healthcare providers and other "reasonably ascertainable creditors" who weren't properly served with direct notice may argue their claims aren't barred by the three-month publication deadline.
Florida case law requires personal representatives to exercise reasonable diligence in identifying and serving these creditors. This means personal representatives must actively search for creditors rather than simply publishing notice and hoping for the best. Failure to properly identify and serve them could leave the estate vulnerable to claims up until the two-year absolute deadline. However, even failure to serve doesn't extend claims beyond the absolute two-year bar.
Secured Claims
Creditors holding valid liens can enforce their security interests after missing claim deadlines, but only up to the collateral's value. They cannot pursue additional money from other estate assets.
How to Respond to Untimely Creditor Claims
When faced with late creditor claims, personal representatives must respond strategically while protecting estate interests.
Document and Respond
Immediately document when and how you received the late claim. Send written responses explaining that claims are barred by Florida Statute 733.702 or 733.710. Create clear records of the estate's position.
Avoid Common Mistakes
Never pay late claims to avoid confrontation. This approach can waive the estate's statute of limitations defense, create liability to beneficiaries for improper payments, and reduce rightful inheritances.
Special Situations Requiring Attention
Different types of late claims present unique considerations during Florida probate.
Medical and Hospital Bills
Healthcare providers often qualify as reasonably ascertainable creditors. If they weren't properly notified during probate, they might claim the three-month publication deadline doesn't apply to them. However, they still face the absolute two-year bar. Personal representatives should verify that all reasonably ascertainable medical creditors received proper notice.
Credit Card and Consumer Debts
Financial institutions typically have good tracking systems but may file late claims due to processing delays. These creditors often have legal resources to pursue collection, making proper documentation critical.
Informal Family Claims
Family members claiming the deceased owed them money face the same deadlines as formal creditors. Personal relationships create no exceptions to Florida's probate statutes.
Important Steps to Protect Estate Assets
Personal representatives must preserve estate assets for rightful beneficiaries, including rejecting invalid claims.
Safeguard Exempt Property
Under Florida estate law, certain property remains protected from creditor claims, including homestead real estate, up to two motor vehicles, and household furnishings and appliances, currently capped at $20,000 in value. Property exempt from creditor claims provides additional protection for beneficiaries.
Manage Persistent Creditors
Some creditors continue demanding payment despite missing deadlines, threatening legal action, or suggesting personal representative liability. Florida law protects representatives who follow proper procedures in rejecting invalid claims. When creditors persist, fighting creditor claims during probate may require a formal legal response to protect estate interests.
When to Seek Professional Guidance
Personal representatives should consult with a Stuart probate attorney if they face:
- High-value claims or persistent creditors threatening litigation
- Federal tax claims or potential government exceptions
- Multiple late claims suggesting broader administration issues
- Uncertainty about proper creditor notification procedures
- Claims from reasonably ascertainable creditors who weren't directly served
To confidently reject invalid claims, personal representatives must understand Florida's protective statutes while maintaining proper documentation. The key lies in knowing your rights, following correct procedures, and protecting estate assets for intended beneficiaries. Your Stuart probate lawyer can guide and empower you throughout this process.