The Short Answer

In most Florida formal probate estates, creditors generally must file their claims by the later of (1) 3 months after the first publication of the Notice to Creditors or (2) 30 days after service of the notice on a reasonably ascertainable creditor. If a claim is not timely filed, it is typically forever barred, and the estate can move forward toward closing without paying it—subject to limited exceptions and Florida’s separate 2-year outside deadline.

What Florida Law Says

Florida probate uses a “nonclaim” system: the personal representative publishes a Notice to Creditors and must also serve the notice on creditors who are reasonably ascertainable after a diligent search. Creditors must then file a claim in the probate proceeding within the statutory window, or the claim is generally not binding on the estate, the personal representative, or beneficiaries.

The Statute

The primary law governing this issue is Fla. Stat. § 733.702.

This statute establishes that most claims against a decedent’s estate are not enforceable unless filed on or before the later of 3 months after the first publication of the Notice to Creditors or 30 days after service of the notice on a creditor who must be served.

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: Florida’s claim window is short (often 3 months from first publication), and there is also a separate 2-year cutoff after death that can bar claims even if notice issues exist. See Fla. Stat. § 733.710.
• Burden of Proof: Disputes often turn on whether a creditor was “reasonably ascertainable,” whether proper service occurred, and whether the claim was actually filed in the probate case within the controlling period.
• Exceptions: Some matters are treated differently, such as enforcement of valid liens/mortgages, certain insurance-only claims, and limited court-granted extensions based on fraud, estoppel, or insufficient notice. See Fla. Stat. § 733.702(3)–(4).

Trying to handle this alone can lead to missed deadlines, improper notice, or paying claims that should have been barred (or failing to bar claims that remain viable), all of which can create personal representative liability issues and delay closing the estate.

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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.