How to Notify Creditors and Handle Claims After a Death in Florida
Disclaimer: This article provides general information under Florida law. It does not constitute legal advice. Always consult a licensed attorney for guidance.
Detailed Answer
1. Appoint a Personal Representative
After a loved one passes, the court appoints a personal representative (formerly “executor”) to manage the estate. You must file a Petition for Administration in the county where the decedent lived. See Fla. Stat. §733.301.
2. Obtain Death Certificates
Secure multiple certified copies of the death certificate from the Florida Department of Health. You’ll need these to notify banks, insurers, and other institutions.
3. Open Probate and File Initial Notice
File the will (if one exists) and the court issues Letters of Administration. Within 30 days of qualification, you must publish a Notice to Creditors once in a newspaper of general circulation in the county where probate is pending. Fla. Stat. §733.2121.
4. Mail Direct Notice to Known Creditors
Within 30 days of receiving Letters, send a written Notice to Creditors by certified mail to each creditor whose identity and address are reasonably ascertainable. Fla. Stat. §733.2122. Include a deadline for filing claims—generally 90 days from the date of first publication. Fla. Stat. §733.702.
5. Receive and Log Claims
Maintain a Claims Register. When a creditor submits a claim, note the date received, amount requested, and supporting documents. Check Fla. Stat. §733.604 for required claim formats.
6. Review and Approve or Contest Claims
You must evaluate each claim. If you agree, pay it from estate assets. If you dispute, file a Notice of Contest in probate court. The creditor then has 30 days to file suit. Fla. Stat. §§733.705–733.707.
7. Pay Valid Claims
After approval, pay debts in the priority order set by Florida law: administrative expenses, funeral costs, taxes, secured claims, and unsecured claims. See Fla. Stat. §733.7071.
8. Handle Untimely or Unknown Claims
Creditors who fail to file within the 90-day window are typically barred, unless court allows late claims for cause. Fla. Stat. §733.710. Unknown creditors have two years from the decedent’s date of death to file claims.
9. Close the Estate
Once all claims are resolved and assets distributed, file for discharge of the personal representative. The court issues an order closing the estate and releasing the representative from liability. Fla. Stat. §733.901.
Helpful Hints
- Keep detailed records of every notice sent and claim received.
- Use certified mail with return receipt to prove delivery.
- Consult Fla. Stat. Chapter 733 online for up-to-date procedures.
- Hire a probate attorney if disputes or complex assets arise.
- Watch statutory deadlines closely to avoid personal liability.