The Short Answer

In Florida, “running” a Notice to Creditors is typically part of a court-supervised probate case (formal administration), but you may be able to avoid full probate through summary administration or, in very small estates, disposition without administration. Even when you qualify for summary administration, publishing a notice can still matter because it can help cut off unknown creditor claims on a defined timeline.

What Florida Law Says

Florida probate has different tracks. If the estate qualifies, summary administration can be used instead of a full, ongoing formal administration. Under Florida law, summary administration is generally available when the estate (minus exempt property) is under a statutory threshold or the decedent has been deceased long enough that most claims are already time-barred.

The Statute

The primary law governing creditor notice in Florida probate is Fla. Stat.  733.2121.

This statute establishes that the personal representative must publish notice once a week for 2 consecutive weeks in an appropriate newspaper and must also serve reasonably ascertainable creditors, triggering strict deadlines for creditor claims (with claim deadlines tied to Fla. Stat.  733.702).

If your goal is to avoid full probate, Florida’s summary administration statute is also central: Fla. Stat.  735.201. It allows summary administration when (among other requirements) the estate subject to administration in Florida (less exempt property) does not exceed $75,000 or the decedent has been dead for more than 2 years.

And if you do obtain an order of summary administration, Florida law allows publication of a notice to creditors in that context as well: Fla. Stat.  735.2063, which can bar unknown/unascertainable creditor claims if proof of publication is filed and no claim is filed within 3 months after first publication.

For very small estates, you may not need probate at all in limited situations. Florida provides “disposition without administration” under Fla. Stat.  735.301 (and a related small-estate intestate procedure under Fla. Stat.  735.304), but eligibility is narrow and creditor issues still matter.

If you want a deeper read on this topic, see: How Do I File a Florida Probate Notice to Creditors? and Small Estate vs. Full Probate in Florida.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Creditor claim deadlines can be as short as 3 months after first publication (and in some cases 30 days after service for creditors who must be served). See Fla. Stat.  733.702.
• Burden of Proof: Florida requires a diligent search for “reasonably ascertainable” creditors and prompt service on them in formal probate. Missing a creditor who should have been served can create avoidable risk. See Fla. Stat.  733.2121.
• Exceptions and Asset Classification: Whether property is exempt, passes outside probate (beneficiary designations/joint ownership), or is subject to creditor claims can change whether you qualify for summary administration under Fla. Stat.  735.201 and whether publishing notice is strategically necessary.

Trying to “avoid full probate” without confirming eligibility, creditor exposure, and the right notice strategy can lead to delayed distributions, personal liability disputes among heirs, or creditor litigation after assets have already been transferred.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.