The Short Answer

In Florida probate, the personal representative must publish a Notice to Creditors and must also serve that notice on creditors who are “reasonably ascertainable.” To do this correctly (and to evaluate any claim filed against the estate), you typically need the probate case information, proof of authority to act for the estate, and documentation showing what the decedent owed and to whom.

What Florida Law Says

Florida’s Probate Code sets up a formal process for notifying creditors and imposing strict claim deadlines. The notice itself must include specific identifying information about the estate and where claims must be filed, and the personal representative has a duty to conduct a “diligent search” for reasonably ascertainable creditors and serve them with the notice.

The Statute

The primary law governing this issue is Fla. Stat. § 733.2121.

This statute establishes that the personal representative must promptly publish a notice to creditors (with required estate details) and must serve the notice on reasonably ascertainable creditors after a diligent search, and that claims are barred under the time limits in the Probate Code.

Related deadlines are set out in Fla. Stat. § 733.702, which generally requires claims to be filed within the later of 3 months after first publication of the notice, or 30 days after service on a creditor who must be served.

Why You Should Speak with an Attorney

Even though the concept is straightforward—give notice and require timely claims—the risk is in the details. Whether a creditor was “reasonably ascertainable,” whether notice was properly served, and whether a claim is timely and valid can directly affect the estate’s liability and how quickly you can close probate.

• Strict Deadlines: Creditor claims are barred if not filed within the time periods described in Fla. Stat. § 733.702, which are triggered by publication and (for certain creditors) service.
• Burden of Proof: If there’s a dispute later, the estate may need to show it performed a “diligent search” and properly served reasonably ascertainable creditors under Fla. Stat. § 733.2121.
• Exceptions and special creditors: Some claims involve secured debts, government agencies, or disputed obligations that require careful legal analysis before the estate pays (or objects).

As for documents, an attorney will usually want to review (at minimum) the death certificate, the probate case filing information (case number/county), letters of administration (or other proof of authority), a list of known creditors and recent mail/bills, account statements, contracts/notes, and any lawsuit/collection paperwork—because the “right” notice and response strategy depends on what the documents show.

If you want more background reading, these may help: 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.