Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies with assets in Florida, the personal representative (formerly executor) must follow the Florida Probate Code (Chapter 733, Florida Statutes) to pay estate expenses and creditor claims before distributing anything to heirs.
1. Appointment of a Personal Representative
The court appoints a personal representative under Florida Statute §733.201. This person gathers assets, notifies interested parties, and manages claims.
2. Notice to Creditors
Within 30 days of appointment, the personal representative must send a written notice to known creditors. For unknown creditors, the representative must publish a Notice to Creditors once a week for two consecutive weeks in a newspaper in the county of administration, per Florida Statute §733.2121.
Creditors have:
- 30 days after personal notice to file a claim.
- 2 months after the first publication to file if only published.
All creditor claims must comply with Florida Statute §733.702.
3. Inventory and Valuation of Assets
The personal representative inventories real and personal property. They submit this schedule to the court under Florida Statute §733.603. This step ensures sufficient funds to pay debts and expenses.
4. Payment of Expenses and Valid Claims
Once the filing period ends, the personal representative reviews pending claims. Valid claims and administrative expenses have priority under Florida Statute §733.607. Typical expenses include:
- Funeral and burial costs
- Outstanding debts (secured and unsecured)
- Taxes (estate, income, property)
- Costs of administration (attorney and court fees)
5. Court Approval and Final Accounting
Before distributing assets, the personal representative files a petition for discharge and submits a final accounting under Florida Statute §733.705. The court reviews payments and unpaid claims. If permitted, the court issues an order confirming distribution.
6. Distribution to Heirs
After court approval, the personal representative distributes the remaining assets to beneficiaries according to the will or Florida’s intestacy rules (Florida Statute §732.101–.111).
Helpful Hints
- Hire a probate attorney early to navigate filing deadlines.
- Keep detailed records of all notices, invoices, and communications.
- Check local court rules for publication and filing fees.
- Verify creditor addresses before mailing notices.
- Review all claims carefully to avoid overpayment or disputes.
- Ask the court for guidance if the estate lacks sufficient funds.