Notice to Creditors

When a probate is initiated, one of the most important parts of the administration is to notify the decedent’s outstanding creditors in relation to his or her outstanding debts or obligations. To accomplish this, a Notice to Creditors is promptly published in a newspaper in the county in which the estate is being probated. This process, if done properly, ensures that unsecured creditors who fail to file claims within the timelines established by Florida Statute are effectively barred from making future claims against the estate.

To accomplish this, the notice is published once per week for two consecutive weeks. This publication triggers a three-month period that is otherwise known as the “creditor claims period”. In addition to this publication, Florida law requires that known or reasonably ascertainable creditors receive the notice directly. Properly serving these notices is critical as creditors will have the later of 3 months after the time of the first publication or 30 days after receipt of the actual notice, whichever is later, to come forward and file their claim.

While this may seem like an easy process, there are many rules and exceptions in relation to the Notice of Creditors. On such exception is that in most circumstances, unsecured creditor claims are barred after two years of the decedent’s death. However, secured creditors (such as mortgage lenders) can still seek to collect on their debt even after the two-year creditor claim period has passed.

Additionally, this notification is only the first phase in handling creditors. There are additional steps that must be taken and completed as part of the notice requirement. Because of the nuances, it is strongly encouraged that the personal representative work with an attorney who deals specifically with probate administration. The attorney will be able to advise the personal representative (in a formal administration) or the petitioner (in a summary administration) to ensure that creditors and the claims are properly handled.

If you need guidance on the notice and claims process or filing a probate in Florida, contact our office. Our probate attorneys have extensive experience in helping clients through each step of the probate process, including the claim process.