The Short Answer

In Florida, heirs can often reduce the risk of later creditor problems by waiting until the estate’s creditor-claim windows have closed (typically after the probate Notice to Creditors deadlines run, and in all events after Florida’s 2-year “nonclaim” deadline). In many cases, the safest path is a sale handled through the probate estate (by the personal representative), because Florida law can protect a purchaser from estate creditor claims when the sale is done under proper authority.

What Florida Law Says

Florida probate law uses strict “nonclaim” deadlines that can bar creditor claims if they are not timely filed in the probate case. The practical issue for heirs is that selling too early (or selling outside of a properly administered estate) can create title and payout risks if a creditor later asserts a valid claim and argues the estate assets were improperly distributed.

The Statute

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

This statute establishes that most creditor claims against a decedent’s estate are barred unless filed by the later of 3 months after first publication of the Notice to Creditors or 30 days after service of the notice on a reasonably ascertainable creditor.

Two other deadlines and protections commonly matter in real-property sales:

• Fla. Stat. § 733.710 sets a hard, outside deadline: generally, 2 years after death, the estate, personal representative, and beneficiaries are not liable for claims (with limited exceptions).
• Fla. Stat. § 733.613 can protect buyers in certain probate sales: when a sale occurs under a will’s power of sale or a court order, the purchaser generally takes title free of claims of estate creditors (subject to existing mortgages/liens).

If you want more background reading, see: How creditor claims work in a Florida estate and Florida probate Notice to Creditors overview.

Why You Should Speak with an Attorney

While the statutes provide the general deadlines, applying them to a real estate sale is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: The key windows are often the 3-month claims period after first publication and the 2-year outside bar after death. Missing a required notice step can change which deadline applies to a particular creditor. See Fla. Stat. §§ 733.702, 733.710.
• Burden of Proof: Disputes often turn on whether a creditor was “reasonably ascertainable” and should have been served, which can extend that creditor’s deadline to 30 days after service. See Fla. Stat. § 733.702 and § 733.2121.
• Exceptions: Even when claim deadlines run, certain liens (like recorded mortgages) can still be enforced against the property. See Fla. Stat. § 733.710(3).

Because a real estate closing can distribute sale proceeds quickly, a mistake can leave heirs exposed to repayment demands, litigation, or title problems. A Florida probate attorney can evaluate whether the property should be sold through the estate (and under what authority), whether creditor notice was properly handled, and whether it’s prudent to wait for specific claim periods to expire before closing.

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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.