After a death, a family’s first questions can involve the decedent’s debts and who has to answer for them. Florida probate law gives creditors a limited time to make claims against the estate, and the timing matters to the family as much as it does to the creditor. Below, we cover the deadlines and what they mean for a personal representative and the beneficiaries.
Creditors Get a Limited Window to File Claims
Under Section 733.702 of the Florida Statutes, a creditor has to file a claim by the later of two dates. The first is three months after the first publication of the notice to creditors. The second applies to a creditor who must be served with a copy of the notice, and it falls 30 days after the date of service.
The notice comes first. It starts these periods running, so the date of first publication belongs at the top of the estate file. Because the periods differ by creditor, a single estate can have more than one deadline running at once, and our attorneys record each date from the start.
Late Claims Are Barred Even Without an Objection
The same section provides that a claim not filed on time is barred even though nobody objects to it. A court can’t extend the time except for fraud, estoppel, or insufficient notice of the claims period.
That rule gives beneficiaries some certainty about which debts the estate must address. It also means beneficiaries in probate can rely on the cutoff when a late demand arrives.
Two Years Sets an Outer Limit
Separately, Section 733.710 of the Florida Statutes provides that two years after a person’s death, neither the estate, the personal representative, nor the beneficiaries are liable for any claim against the decedent. This applies whether or not letters of administration have been issued, subject to the exceptions the section lists.
Families who postpone opening an estate should still keep that limit in mind. Delay can also leave questions about titles and accounts unanswered, particularly when someone died without a will, because state law then decides who inherits.
A Personal Representative Reviews Each Claim Carefully
When a claim arrives, the personal representative checks it against the estate’s records before responding. Items to review include:
- The date the claim was filed
- The date of first publication of the notice to creditors
- Whether the creditor was required to be served, and when service happened
- The documents that support the amount claimed
- Whether the court has extended any deadline
Someone serving in that role can ask an Orlando personal representative lawyer to walk through each item before responding. We check the dates first, since a late claim is treated differently from a timely one.
Estate administration continues after the review, and an Orlando estate administrator lawyer handles the filings that follow so deadlines are met on the estate’s side as well. We keep a running list of what has been filed and what remains.
Local Counsel Keeps Estate Dates Organized
Dates, notices, and claims pile up quickly in the first months of an estate. Working through them with an Orlando probate lawyer helps the personal representative avoid missing a step, and it keeps the beneficiaries informed about what remains.
Planning ahead can change what an estate looks like later, and avoiding Florida probate is one goal families bring to that planning. We talk through those options with Orlando families before a death occurs.
We sort an estate’s papers into three groups: filings with the court, correspondence with creditors, and records for the beneficiaries. That structure makes it easier to answer questions later, since each date and document sits where it can be found.
Our Firm Has Handled Probate for 49 Years
At Magill Law Offices, Robert Magill is the owner and principal attorney. He was admitted to The Florida Bar in 2008, earned his J.D. at Florida A&M University College of Law, and belongs to the Real Property, Probate & Trust Law Section of The Florida Bar. His late father, Patrick Magill, founded the firm in 1977.
Early Attention Protects the Estate
Creditor deadlines are measured in months and days, so the first weeks of an estate carry real weight for everyone involved. Families in Orlando who are settling an estate and want to understand where they stand can reach out to us to talk through the next steps.