Probate Creditor Claims in Florida

Protecting Personal Representatives & Beneficiaries from Creditor Claim Disputes

A person’s death doesn’t erase their debts. Hospitals, credit card companies, mortgage lenders, and other creditors may file formal claims against a Florida estate, and the personal representative must manage those claims carefully. Miss a deadline or pay claims in the wrong order, and the personal representative can be held personally liable. At Adrian Philip Thomas, P.A., we guide personal representatives and beneficiaries through every stage of the Florida probate creditor claims process, from the initial Notice to Creditors through disputed claims and, when necessary, litigation.

Florida Creditor Claim Deadlines Under Sections 733.702 & 733.710

Timing is the most consequential issue in any creditor claim dispute. Florida law requires the personal representative to publish a Notice to Creditors in a local newspaper and to directly serve any creditors who are known or reasonably ascertainable. Under Florida Statute 733.702, a creditor must file its claim by the later of three months after the first publication of the Notice to Creditors or 30 days after receiving direct service of that notice. Missing that window permanently bars the claim.

Florida Statute 733.710 adds a second, absolute deadline: a two-year bar from the date of death. Florida courts treat this statute of nonclaim as jurisdictional, meaning it can’t be waived, extended, or excused regardless of whether proper notice was given. Once a creditor’s filing period closes, the personal representative may object to any remaining claims. A creditor whose claim is objected to then has 30 days to file an independent lawsuit or the claim is permanently barred.

Why Clients Across Florida Turn to Adrian Philip Thomas, P.A.

We have handled Florida probate, trust, and estate matters since 2002, representing more than 5,000 clients in disputes on both sides of the table. That record spans prosecuting claims and defending against them, which means we understand the creditor claims process from every angle. Our attorneys bring together backgrounds in estate planning, uncontested probate, law enforcement, and litigation, a combination that can be valuable when a creditor claim dispute involves a breach of fiduciary duty or questions about improper distributions.

Founding partner Adrian P. Thomas holds an “AV” rating from Martindale-Hubbell, the highest peer-review rating available, and has been named among Florida’s Legal Elite. We serve clients throughout Florida, with deep roots in Broward, Miami-Dade, and Palm Beach counties. We offer a free initial consultation so you can understand your options before making any commitment.

Objecting to Claims & Resolving Disputes

Not every creditor claim is valid, timely, or accurately calculated. When a claim is questionable, we evaluate whether to object. Filing a formal objection shifts the burden to the creditor: They must file an independent lawsuit within 30 days or lose the claim entirely. That procedural lever can be powerful, and knowing when and how to use it can help protect estate assets for beneficiaries.

We work toward a fair negotiated resolution whenever that’s practical, but when a dispute can’t be resolved informally, we’re fully prepared to litigate. Adrian Philip Thomas, P.A. has secured over $230 million in verdicts and settlements for clients in probate, trust, and estate matters. A personal representative who pays a time-barred claim, or pays valid claims out of the statutory priority order under Florida Statute 733.707, can face personal liability for that improper payment. We work to help reduce that risk.