WHAT ARE THE CREDITOR CLAIM DEADLINES IN FLORIDA PROBATE?
The creditor claim deadlines in Florida probate are:
- Known or reasonably ascertainable creditor – the claim must be filed within 30 days after the date of service.
- Unknown creditor – the claim must be filed within three months after the first publication date.
When a personal representative (executor) is appointed to administer an estate, one of his or her duties is to notify creditors that the decedent died and to establish the creditor claim deadlines for the estate. Any claim filed outside that time period may be forever barred. There are two types of creditors in probate: known or reasonably ascertainable creditors (for example, all those credit cards and loan statements piling up in the decedent’s mailbox) and unknown creditors. A personal representative MUST serve a Notice to Creditors on all known or reasonably ascertainable creditors and MUST publish the same notice to creditors in a newspaper of local circulation to alert unknown creditors to the fact the decedent died and the estate is being administered. See, Fla.Stat. 733.2121. Failure to serve a known or reasonably ascertainable creditor may extend the creditor claim deadline for that creditor. However, if the creditor was properly served – either directly or through publication – then the creditor claim deadlines are firm. A recent opinion issued by the First District Court of Appeals confirmed that three months and one day is too late. Herman v. Bennett
If you have a question about creditor claim deadlines in Florida probate, call 800-249-8125 for a free consultation.
