The Short Answer

In Florida probate, a “creditor claim” is a demand that the decedent (or the estate) owes a debt that must be addressed before most inheritances are distributed. In formal administration, creditors generally must file their claims within strict statutory deadlines after the estate publishes and serves a Notice to Creditors—or the claim can be barred.

What Florida Law Says

Creditor claims are part of the probate process because the personal representative has a duty to identify estate debts, give legally required notice, and then decide whether claims should be paid, negotiated, or challenged. Florida’s Probate Code sets short “nonclaim” deadlines that can permanently cut off late claims, even if the debt would otherwise be valid.

The Statute

The primary law governing this issue is Fla. Stat. § 733.2121.

This statute requires the personal representative to publish a Notice to Creditors and to serve that notice on creditors who are reasonably ascertainable, and it ties creditor rights to the filing deadlines in the Probate Code.

Two other deadlines frequently control whether a claim is timely: Fla. Stat. § 733.702 (the main claim-filing time limits after notice) and Fla. Stat. § 733.710 (a 2-year outer limit that can bar claims regardless of notice in many situations).

If you want a deeper discussion of timing and what happens when the claim window closes, see: What Is the Creditor Claim Deadline in Florida Probate, and What Happens After It Expires?.

Why You Should Speak with an Attorney

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

• Strict Deadlines: Florida’s creditor-claim deadlines can be short (often tied to publication/service of the Notice to Creditors under § 733.702) and there is also a hard 2-year limitation in many cases under § 733.710.
• Burden of Proof: The estate may need documentation to confirm whether a claimed debt is valid, enforceable, properly calculated, or secured by collateral (which can change how it is handled).
• Exceptions and Strategy: Some claims are handled differently (for example, certain lien enforcement and insurance-only claims are treated differently under § 733.702(4)), and deciding whether to pay, negotiate, or object can affect beneficiaries and the personal representative’s risk.

Because creditor claims can directly impact distributions—and because mistakes can create personal representative liability or unnecessary litigation—an attorney call is often the fastest way to get clarity on what must be paid, what can be challenged, and what deadlines control the next steps.

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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.