The Reality About Creditors
Every estate has potential creditors. Even when personal representatives tell us "the decedent didn't owe anyone anything," Florida requires a specific process through probate administration—we can't just take someone's word for it.
Step 1: File Notice to Creditors
The personal representative files a notice to creditors with the probate court. The contents are detailed in Florida Probate Code, designed to put the world on notice of limited time to make claims.
Step 2: Publish the Notice
The same notice must be published in a local newspaper for two consecutive weeks (one publication each week). Creditors then have 3 months from the first publication date to file claims.
Step 3: Identify Known Creditors
The personal representative must look for known or reasonably ascertainable creditors:
- Mortgages, credit cards, outstanding debts
- Medical bills
- Check the decedent's mail for clues
Special Requirement: The state Medicaid office must be given notice if the decedent was aged 55 or older at death.
Step 4: Mail Notice to Known Creditors
Send the notice to creditors via certified mail, return receipt, or other trackable delivery method.
What If a Creditor Files a Claim?
The personal representative must decide if the claim is valid:
- If valid: Pay from estate assets (if adequate funds exist)
- If invalid: File objection with court. The creditor must then prove the claim's validity to the court.
This is complex territory with many potential complications. If you have questions specific to your situation, please reach out to our probate team.
