While this may seem like a straightforward process, there are often complicated guidelines, rules and procedures that must be followed in order for a Notice to Creditors to be considered valid and hold up in a court of law. Because of this, it is strongly encouraged to work with an attorney specializing in probate law to ensure that this part of the probate process is done correctly.
Key Takeaways
- A Florida personal representative generally must publish a Notice to Creditors once a week for two consecutive weeks.
- The personal representative must also conduct a diligent search for reasonably ascertainable creditors and promptly serve them with a copy of the notice.
- Creditors generally must file claims by the later of three months after the first publication of the Notice to Creditors or 30 days after receiving direct service of the notice.
- Florida law separately provides a two-year limitation on claims against a decedent’s estate, subject to the statutory exceptions.
- If the decedent was 55 or older at death, the personal representative must generally provide AHCA with the Notice to Creditors and a copy of the death certificate within three months after the notice is first published.
General Guidelines of the Process
The requirement for giving Notice to Creditors in Florida comes from Florida Statute 733.2121, which states that the personal representative of the estate must promptly publish a Notice to Creditors. This notice must contain the following details of information:
- The decedent’s full legal name
- The file number assigned to the estate
- The designation and address of the court in which the probate proceeding is pending
- The name and address of the estate’s personal representative
- The name and address of the personal representative’s attorney
- The date of the notice’s first publication
- A statement that creditors must file their claims against the estate with the court within the time periods established under Florida Statute § 733.702 or their claims will be forever barred
- A statement explaining that the personal representative or curator has no duty to determine whether property held by the decedent or surviving spouse is subject to Florida’s Uniform Disposition of Community Property Rights at Death Act unless a creditor makes the written demand provided for under Florida law.
Per Florida law, the Notice to Creditors must be published weekly for two consecutive weeks in a newspaper published in the county where the estate is being administered or, if there is no newspaper published in that county, in a newspaper of general circulation in the county. Proof of Publication of this notice is required to be filed with the court within 45 days of its first publication. In addition to this, the personal representative must conduct a diligent search for creditors who are reasonably ascertainable, including those with unmatured, contingent, or unliquidated claims. However, Florida law does not require impracticable or extended searches.
Of great help in the search for creditors is the setting up mail forwarding through the postal service to have the decedent’s mail sent to the personal representative. Billing, credit card and bank statements belonging to the decedent may be received by the personal representative, which will be helpful in identifying creditors. The personal representative must promptly serve a copy of the Notice to Creditors on creditors who are reasonably ascertainable through the diligent search. Service is not required for a creditor who has already filed a claim against the estate, whose claim has been paid in full, or whose claim is listed in the personal representative’s timely filed proof of claim.
Finally, within four months after the date of the first publication of the Notice to Creditors, the personal representative must file a Verified Statement with the court stating that they performed a diligent search to identify the name and address of each person having a claim against the estate. The statement must identify each person then known to the personal representative who has or may have a claim and indicate whether that person was served with the Notice to Creditors or otherwise received actual notice of the information contained in it. The statement does not need to include creditors who have already filed a timely claim or who were included in the personal representative’s proof of claim.
How Long Do Creditors Have to File a Claim in Florida?
Under Florida Statute § 733.702, creditors generally must file a claim against the estate by the later of:
- Three months after the date of the first publication of the Notice to Creditors; or
- 30 days after the creditor is served with a copy of the Notice to Creditors, when direct service is required.
Claims that are not timely filed are generally barred, although Florida law permits limited extensions based on fraud, estoppel, or insufficient notice of the claims period.
Florida Statute § 733.710 also establishes a separate two-year limitation on claims against a decedent’s estate, subject to the exceptions provided by law.
Further Steps
Under certain circumstances, there are some further steps that must be completed as part of the Notice to Creditors. For any decedents who were 55 years of age or older at the time of death, the personal representative must promptly serve a copy of the Notice to Creditors and provide a copy of the decedent’s death certificate to the Agency for Health Care Administration (AHCA). This must occur within three months after the first publication of the Notice to Creditors, unless the agency has already filed a Statement of Claim against the estate. The personal representative may serve a Notice to Creditors on the Florida Department of Revenue only when the Department of Revenue is determined to be a creditor through the diligent search required under Florida Statute § 733.2121.
