Can an estate object to a creditor claim?

How the process works

1. The creditor files a written statement of claim in the probate case (§ 733.703). A claim that is defective in form may be amended (§ 733.704).
2. The claim is reviewed against the decedent’s records: Is the amount right? Was the debt already paid? Is it actually the decedent’s debt, or someone else’s? Was it filed on time (§ 733.702)?
3. An objection is filed and served within the period above. For good cause, the court may extend the time to object (§ 733.705).
4. The creditor must act within 30 days of service, by filing an independent action (or a declaratory action for an unmatured or contingent claim). Without that, the claim is barred without a court order (§ 733.705).
5. The dispute is resolved, by judgment, settlement, or withdrawal. A compromise of a claim may be approved by the court, but only after the time for objecting to claims has passed (§ 733.708).

Payment while claims are pending

A personal representative cannot be forced to pay any claim until five months after first publication, and is generally expected to pay valid claims within one year, with that time extended for claims in litigation, unmatured claims, and contingent claims (§ 733.705). Claims are paid in the priority order Florida law sets (§ 733.707), and no creditor can levy on estate property without court approval, although mortgages and other liens can still be enforced (§ 733.706).

What changes the answer

• The first publication date and the date the claim was filed or amended
• Whether the objection was actually served, and how
• Whether the claim is a late claim, which is barred even without an objection unless the court extends the time for fraud, estoppel, or insufficient notice (§ 733.702)
• Whether a lawsuit was already pending against the decedent at death
• Whether the debt is secured by property

An example

A credit card company files a claim for $9,400. The personal representative’s records show the decedent disputed $2,100 of charges before death. The notice was first published on April 2, so the objection deadline is August 2 (four months), which is later than 30 days after the claim’s filing. The personal representative files a partial objection on July 15 and serves it the same day. The creditor does not sue within 30 days, so the disputed $2,100 is barred; the undisputed balance is paid in its proper class.

Common misunderstandings

• “I sent the creditor a letter disputing it.” A letter is not an objection; it must be filed in the probate case and served.
• “The claim was filed, so we have to pay it.” Filing does not prove the debt.
• “We objected, so the claim is gone.” Only if the creditor fails to sue within 30 days after service, or loses.
• “We can pay whoever calls first.” Claims are paid in statutory order, and paying the wrong one first can leave the personal representative personally exposed.

What to gather

• The filed claim and any amendments
• The proof of publication showing the first publication date
• Contracts, statements, and payment records for the disputed debt
• Any correspondence in which the decedent disputed the charge
• Proof of service of the objection

Next step

Calendar the objection deadline as soon as the notice to creditors is first published, and review every claim as it comes in. Waiting until the end of the period leaves little time to gather records.

Related guidance

• How long do creditors have to file claims?
• What is a notice to creditors?
• What does a personal representative do?
• Formal administration

Sources: Florida Statutes § 733.702, § 733.703, § 733.704, § 733.705, § 733.706, § 733.707, and § 733.708 (2026). Checked on October 23, 2026.