A notice to creditors is a formal notice that a Florida estate has been opened and that anyone with a claim against the decedent must file it with the court by a deadline. The personal representative must publish it in a local newspaper and serve a copy directly on every creditor who is known or reasonably ascertainable (§ 733.2121, § 733.701).
Most claims not filed within three months after first publication, or 30 days after a creditor was served if that is later, are barred (§ 733.702).
What the notice contains and how it is published
The notice gives the decedent’s name, the court and file number, the names and addresses of the personal representative and their attorney, and the date of first publication, and it states that claims must be filed within the statutory periods or be forever barred. It is published once a week for two consecutive weeks in a newspaper published in the county where the estate is administered (§ 733.2121).
Direct service on known creditors
Publication is not enough for creditors the personal representative knows about or could find with a diligent search, including creditors whose claims are not yet due or are uncertain in amount. Each one must be served with a copy of the notice. Service is not needed for a creditor who has already filed a claim, has been paid in full, or is listed in the personal representative’s own proof of claim (§ 733.2121, § 733.703). 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, unless it has already filed a claim.
When no notice is needed
If more than two years have passed since the death, claims against the decedent are generally barred by § 733.710 and the notice is not required (§ 733.701). In a summary administration, publishing a notice is optional; anyone who obtained the order may publish one to bar unknown creditors after three months (§ 735.2063).
What changes the answer
- Whether the creditor was known or reasonably ascertainable, which decides whether direct service was required
- The actual first publication date, from the newspaper’s proof of publication
- Whether the decedent was 55 or older (the Medicaid agency must be served)
- Whether the claim is secured by a mortgage or lien, which the notice does not erase
An example
A personal representative opens an estate in Orange County. The newspaper first publishes the notice on March 5 and again on March 12. Going through the decedent’s mail, the personal representative finds a credit card statement and a hospital bill, and serves both creditors on March 20. The general deadline is June 5; for the two served creditors it is also June 5, because 30 days after service (April 19) is earlier. A creditor the personal representative could not reasonably have identified must also file by June 5.
Common mistakes
- Publishing the notice but not serving creditors whose bills are sitting in the decedent’s mail
- Forgetting the Agency for Health Care Administration for a decedent 55 or older
- Counting deadlines from the date of death instead of first publication or service
- Treating the notice as ending a mortgage or car loan
What to gather
- The decedent’s mail, bank and card statements, and bills from the last year
- Recent medical and hospital records of charges
- Loan, mortgage, and lease documents
- Any lawsuits or judgments against the decedent
- The newspaper’s proof of publication and a record of each creditor served
Next step
Before the notice is published, list every creditor you can identify and how you found them. That list, and proof that each one was served, is what protects the estate if a creditor later claims it was never notified.
Related guidance
- How long do creditors have to file claims?
- Can an estate object to a creditor claim?
- Do beneficiaries inherit estate debts?
- Formal administration
Sources: Florida Statutes § 733.2121, § 733.701, § 733.702, § 733.703, § 733.710, and § 735.2063 (2026). Checked on October 23, 2026.