How long do creditors have to file claims against a Florida estate?

Once a Florida estate is opened, the personal representative publishes a notice to creditors. A creditor must then file its claim with the court by the later of two dates:

three months after the notice is first published, or
for a creditor who had to be served with the notice, 30 days after the date it was served.

Separately, two years after the date of death, the estate, the personal representative, and the beneficiaries are no longer liable for most claims against the decedent, whether or not an estate was ever opened. These two rules work together, and neither one ends every kind of debt.

How the deadlines start

The three-month period does not start at death, and it does not start when the estate is opened. It starts with the first publication of the notice to creditors, which the personal representative must arrange promptly after appointment. The notice runs once a week for two consecutive weeks in a newspaper published in the county where the estate is administered.

Publication alone is not enough for creditors the personal representative knows about or could find with reasonable effort. The personal representative must make a diligent search for those creditors, including those whose claims are not yet due or are uncertain, and serve each one with a copy of the notice. For those creditors, the 30-day-after-service date may be later than the three-month date. If the decedent was 55 or older, the notice and a death certificate must also be served on the Agency for Health Care Administration within three months after first publication, so Medicaid can file any claim.

What happens to a late claim

A claim filed after its deadline is barred even if no one objects to it. The court can extend the deadline only for fraud, estoppel, or insufficient notice of the claims period. A creditor who was “reasonably ascertainable” but never served may argue that the notice was insufficient, which is one reason the personal representative’s search and service records matter.

When a claim is filed: objections and lawsuits

Filing a claim does not mean it must be paid. The personal representative, or another interested person, may file a written objection by the later of four months after first publication or 30 days after the claim was filed. The objection must be served on the creditor.

Once served with an objection, the creditor has 30 days to file a separate lawsuit on the claim, unless the personal representative agrees in writing to more time before that period runs out, or the court extends it for good cause. If the creditor does nothing, the claim is barred.

Personal representatives are generally expected to pay valid claims within one year after first publication. They cannot be compelled to pay before five months after first publication, which gives time to see all the claims and confirm the estate can pay them in the order Florida law requires.

What the deadlines do not cover

Mortgages and other liens. A lender can still enforce a mortgage, security interest, or other lien on the property even if it filed no claim. Missing the deadline can bar a claim for any shortfall, not the lien itself.
Insured liability. A claim covered by casualty insurance, such as a car-accident claim, can proceed up to the insurance limits.
Counterclaims in the estate’s own lawsuit. If the estate sues someone, that person can counterclaim, but cannot recover more than the estate recovers in that case.

Facts that change the answer

Whether, and when, a notice to creditors was published, and in which newspaper.
Whether the creditor was known or reasonably ascertainable, and when it was served.
How long ago the death occurred. Near the two-year mark, the two-year rule can control even if no notice was ever published.
Whether the estate went through summary administration, which has its own creditor rules and leaves recipients personally liable for a time.
Whether the debt is secured by property, covered by insurance, or owed to a government agency.

An example

A personal representative is appointed in March. The notice to creditors is first published on April 2, so the general deadline falls on July 2. The personal representative finds a credit card statement and serves the card issuer on June 20. That creditor has until July 20, 30 days after service, because that is later. A hospital that was never identified, despite a reasonable search, must file by July 2. The house mortgage needs no claim: the lender keeps its lien regardless, so the family still has to pay it, refinance, or sell.

Common mistakes

Distributing money to beneficiaries before the claims period has run and claims are resolved.
Paying a creditor out of order, or paying a claim that was never filed or was already barred.
Relying on publication alone and skipping service on creditors the family knows about.
Assuming that a passed deadline erases a mortgage or car loan.
Counting from the date of death instead of from first publication or service.

Records to keep

The newspaper’s proof of publication, showing the first publication date
A list of creditors searched for, how they were found, and proof of service on each
Every claim filed with the court, and any objections and proof of their service
Mail received after the death, including bills, collection letters, and envelopes
Mortgage, vehicle loan, and other lien documents

Next step

Before paying, rejecting, or distributing anything based on a deadline, have the actual dates calculated from the publication and service records. If you are a beneficiary or creditor rather than the personal representative, ask the personal representative or their attorney for the case number and the first publication date. Both appear in the court file.

Related guidance

Sources: Florida Statutes § 733.2121 (notice and service), § 733.702 (filing deadlines and exceptions), § 733.705 (payment, objections, independent actions), § 733.707 (order of payment), and § 733.710 (two-year limit) (2026). Checked against the 2026 Florida Statutes on October 23, 2026.