The Short Answer

In Florida, “small estate” cases are often handled through summary administration or, in very limited situations, disposition without administration. Creditor notice rules depend on which process applies, and missing a required notice step can leave heirs personally exposed to later creditor claims.

Estate tax issues are usually minimal for most Florida estates (Florida does not have a separate state estate tax), but tax questions can still arise depending on the assets and whether federal filing is required.

What Florida Law Says

Florida probate law treats creditor notice as a key protection for the estate and the people receiving estate property. In a traditional probate administration, the personal representative generally must publish a notice to creditors and also serve known or reasonably ascertainable creditors after a diligent search.

For many “small estates,” Florida uses summary administration, which can still involve creditor issues. Florida law also allows disposition without administration in narrow circumstances, typically when the estate consists only of certain exempt property and limited nonexempt personal property tied to last-illness medical expenses and funeral expenses.

The Statute

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

This statute requires publication of a notice to creditors (and service on reasonably ascertainable creditors after a diligent search), and it ties creditor deadlines to the notice periods—meaning late-filed claims can be barred if notice is properly handled.

If the estate is handled by summary administration, Florida also has a specific creditor-notice statute for that process: Fla. Stat. § 735.2063. It allows publication of a notice to creditors (using the requirements of § 733.2121) and can bar unknown/not reasonably ascertainable creditor claims if proof of publication is filed and no claim is filed within 3 months after first publication.

Separately, Florida’s claim deadlines and “absolute” outside limit matter in nearly every estate, including small estates. See Fla. Stat. § 733.702 (limitations tied to notice) and Fla. Stat. § 733.710 (generally cutting off claims 2 years after death, with limited exceptions).

For very small estates that qualify for “no administration,” the controlling statute is Fla. Stat. § 735.301, which describes when disposition without administration may be used.

If you want more background reading, these may help: Florida probate notice to creditors overview and Florida small estate probate options.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to a “small estate” is rarely simple because the right process (and the right notice strategy) depends on the assets, the debts, and how property is titled. Legal outcomes often depend on:

• Strict Deadlines: Creditor claim deadlines can be driven by publication/service under Fla. Stat. § 733.2121 and the limitations in § 733.702, plus the 2-year outside bar in § 733.710.
• Burden of Proof: The estate (or the people receiving estate property) may need to show that creditors were properly identified, properly served when required, and that claims were handled within the probate code’s rules.
• Exceptions and Personal Liability Risk: In summary administration, known or reasonably ascertainable creditors who did not get proper notice/provision may still pursue recovery, and recipients can face personal liability up to what they received (see Fla. Stat. § 735.206).

Tax questions can also complicate “small” estates—especially when there are retirement accounts, real estate, business interests, or large lifetime gifts. An attorney can coordinate with a CPA to reduce the chance of missed filings or avoidable disputes.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.