Creditor Claims Against Estates in Florida


Pursuant to F.S. § 733.710, creditors have two years from the date of death of a person to file a claim against the estate. The exceptions to this statute of limitations are federal and state government claims, and the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.

If an estate has not yet been opened for a deceased person, a creditor may file a "caveat" with the probate court to preserve their claim pursuant to F.S. § 731.110. If and when the estate is opened, the clerk notifies the personal representative of the claim against the estate. If there are sufficient probate assets in the estate, then there is a good change the claim will be paid depending on the order of payment of expenses and obligations set forth in F.S. § 733.707.

If an estate has been opened within two years from the decedent's date of death, then a creditor must file its claim on or before the later of the date that is three months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, thirty days after the date of service on the creditor per F.S. § 733.702.

Whether you are a debt collector, business or an individual that has a claim against a deceased person's estate, don't delay and contact the attorneys at Loshak Leach LLP today to assist with perfecting and collecting on your claim.

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