The Short Answer

In Florida probate, an MCA (merchant cash advance) company often cannot collect from an estate unless it timely files a proper creditor claim in the probate case—and even then, the estate may have defenses based on how the MCA is structured and documented. If the MCA is effectively a disguised loan with an unlawful interest rate, or if the creditor cannot prove the debt/assignment, the claim may be reduced or barred.

What Florida Law Says

Probate has strict claim-filing deadlines. Even a valid debt can become unenforceable against the estate if the creditor misses Florida’s claims window. Separately, MCA agreements are frequently litigated because some are drafted as “purchases of future receivables,” but function like high-interest loans—raising enforceability issues (including usury arguments) depending on the contract’s true substance.

The Statute

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

This statute establishes that most pre-death creditor claims are not binding on the estate unless they are filed in the probate proceeding by the applicable deadline (generally tied to publication/service of the Notice to Creditors).

Florida also imposes an outside cutoff: Fla. Stat. § 733.710 generally bars claims against an estate two years after death (with limited exceptions).

Why You Should Speak with an Attorney

While the probate statutes set the deadlines, whether an MCA debt is actually collectible against a Florida estate can turn on contract language, the creditor’s paperwork, and defenses that require careful legal analysis. Outcomes often depend on:

• Strict Deadlines: If the MCA company does not file a timely probate claim under Fla. Stat. § 733.702, the claim can be barred; and Fla. Stat. § 733.710 can impose a hard two-year cutoff.
• Burden of Proof: The creditor must prove the debt amount, the contract terms, and (if the debt was sold) that it has standing to collect. Missing schedules, unclear “reconciliation” terms, or weak assignment documentation can create defenses.
• Usury / “Disguised Loan” Issues: If the transaction is treated as a loan rather than a true receivables purchase, Florida’s usury laws may apply. Florida generally defines usurious contracts above 18% simple interest (with a large-loan exception) under Fla. Stat. § 687.02 and Fla. Stat. § 687.03. If the “interest” is extreme, Florida’s criminal usury statute can apply, and it states that an extension of credit made in violation of that section is not enforceable in Florida courts. See Fla. Stat. § 687.071(7).

Because an MCA creditor may pursue aggressive collection theories (including asserting a secured interest or claiming a right to specific receivables), it is risky for a personal representative or family member to assume the debt is “automatically wiped out.” A probate attorney can evaluate whether the creditor is time-barred, whether the claim is properly documented, and whether defenses (including usury/disguised-loan arguments) apply.

If you want more background on probate creditor deadlines, see: How Do I File a Florida Probate Notice to Creditors? and How Are Creditor Claims Handled in a Florida 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.