Notice Requirements for Creditor Notification in Florida Probate
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a probate estate opens in Florida, the personal representative must notify all creditors—both known and unknown—so they can file valid claims. Florida law divides notice procedures into two categories: notice by mail to known creditors and notice by publication for unknown creditors.
1. Notice to Known Creditors
- Timing: Mail the notice within 30 days after receiving Letters of Administration or Letters Testamentary.
- Contents: Include the decedent’s full name, date of death, court case number, name and address of the personal representative, and instructions for filing a claim.
- Deadline: Known creditors must file their claims within 30 days of the mailing date.
These requirements are set forth in Florida Statute §733.212.
2. Notice to Unknown Creditors
- Publication: Publish notice once a week for two consecutive weeks in a newspaper of general circulation in the county where probate is pending.
- Contents: The same essential details as mailed notices: decedent’s name, date of death, case number, and personal representative’s contact information.
- Deadline: Unknown creditors have 3 months from the date of first publication to file claims.
See Florida Statute §733.2121 for the specific publication requirements and filing deadlines.
3. Medical Debt Collectors
Medical providers and debt collection agencies follow the same notice rules. If they are identified on the creditor list, they receive mailed notice and have 30 days to file. If not listed, they must rely on the published notice and have 3 months from the first publication date to submit a claim.
Helpful Hints
- Maintain a comprehensive list of all known creditors, including medical service providers and collection agencies.
- Use certified mail with return receipt requested to confirm delivery of notices to known creditors.
- Choose a newspaper with broad local circulation for publication notices.
- Keep copies of mailed notices, certificates of mailing, and newspaper clippings for your records.
- Track all deadlines carefully: 30 days for known creditors; 3 months for unknown creditors.
- Consult a probate attorney for complex estates or disputes over creditor claims.