Creditor Claims in Probate
Managing, negotiating, and resolving debts owed by the estate.
A major function of probate is ensuring the decedent's valid debts are paid. However, creditors must follow strict rules to collect, and not all claims are valid.
During Formal Administration, a Notice to Creditors must be published, giving creditors a limited window to file claims against the estate.
We help Personal Representatives review claims, object to invalid or time-barred debts, and negotiate settlements to preserve as much of the estate as possible for the beneficiaries.
Key Benefits
Claim Evaluation
Determine which debts are legally valid and which can be objected to.
Statutory Compliance
Ensure proper publication and notification to start the clock on creditor deadlines.
Asset Preservation
Negotiate with creditors to settle debts and protect the beneficiaries' inheritance.
Frequently Asked Questions
Am I personally responsible for my parent's debts?
Generally, no. Debts are paid from the estate's assets. If the estate runs out of money, the remaining debts usually go unpaid.
How long do creditors have to file a claim?
In Florida, creditors generally have 3 months from the time of publication, or 30 days from direct service of the notice, to file a claim.
A credit card company keeps calling and wants to be paid now. Do I have to pay them right away?
No. Florida builds in a waiting period: a Personal Representative cannot be compelled to pay the debts of the person who died until five months have passed from the first publication of the notice to creditors. That pause exists so claims can come in and be reviewed before money leaves the estate. Claims do generally have to be paid within one year from first publication, with extensions for claims in litigation and claims that are not yet due.
We don't think this bill is really owed. Can we fight it?
Yes, there is a formal objection process, and the deadlines are short. An objection may be filed by the later of four months from the first publication of the notice to creditors, or thirty days from the timely filing or amendment of that claim. A copy of the objection must be served, and failing to serve a copy counts as abandoning the objection. Once the objection is served, the creditor has thirty days to bring a separate lawsuit on the claim, and after that the claim is barred.
We paid for the funeral out of our own pocket. Can the estate pay us back?
Often yes, and funeral costs sit high in the order of payment. Florida sorts estate obligations into eight classes, and reasonable funeral, interment and grave marker expenses fall into Class 2, up to a total of $6,000, whether they were paid by a guardian, the Personal Representative, or anyone else. Amounts above that are not automatically lost, but they drop down to the general claims class. If the estate cannot pay everyone in a class, those creditors are paid proportionally.
Can creditors force us to sell my parents' Florida home?
Usually not, if the home qualifies as protected homestead. The Florida Constitution exempts homestead property from forced sale by most creditors, and that protection passes to the surviving spouse or heirs of the owner. The protection has limits: it does not stop property taxes and assessments, a mortgage or other obligation taken on to purchase, improve or repair the home, or obligations for labor performed on the property. Whether a particular property qualifies as protected homestead is determined in the probate case.
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