The Short Answer

In Florida probate, the personal representative (through counsel in most cases) must promptly publish a Notice to Creditors and also serve it on reasonably ascertainable creditors. This notice starts strict claim deadlines—generally 3 months from first publication (or 30 days from service for certain known creditors)—and missing these requirements can create expensive disputes for the estate.

What Florida Law Says

Florida’s probate system uses the Notice to Creditors to set a clear window for creditors to file claims against the estate. The personal representative must (1) publish the notice in an approved newspaper for the required period and (2) conduct a diligent search for reasonably ascertainable creditors and serve them directly. Creditors who do not file timely claims can be barred, but whether a claim is truly barred can depend on whether proper notice was given and whether the creditor was “reasonably ascertainable.”

If you want a deeper overview of how claims work once notice goes out, see How Are Creditor Claims Handled in a Florida Estate (and What Do They Mean)?.

The Statute

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

This statute establishes that the personal representative must publish the Notice to Creditors (generally once a week for 2 consecutive weeks in a qualifying newspaper) and must also diligently search for and serve reasonably ascertainable creditors, and that creditor claims are barred under the time limits in Florida’s probate claim statutes.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Creditor claims are generally due by the later of 3 months after first publication or (for certain creditors who must be served) 30 days after service under Fla. Stat. § 733.702. If notice is mishandled, deadlines and creditor rights can become a litigation issue.
• Burden of Proof: Disputes often turn on whether the personal representative made a legally sufficient “diligent search” for creditors and whether a creditor was “reasonably ascertainable” (which can affect whether publication alone is enough).
• Exceptions: Some claims may be treated differently (for example, claims tied to liens or insurance-only recovery), and estates involving potential Medicaid recovery can require additional notice considerations under § 733.2121.

Trying to handle this alone can lead to missed notice requirements, creditor claim disputes, or delays that reduce what beneficiaries ultimately receive.

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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.