How to Verify or Contest a Creditor’s Payoff Quote on an Estate Debt — Florida

Quick answer: In Florida, you can demand a written, itemized payoff; verify the creditor’s identity and assignment history; compare the quote to estate records and the terms of the underlying loan; and, if the quote is wrong or the claim is invalid, formally dispute the claim with the personal representative and, if necessary, file an objection in probate court. The Florida Probate Code (Chapter 733) governs creditor claims and the probate process. This article explains step‑by‑step what you can do, documents to request, and how to proceed if the creditor will not correct an inaccurate payoff quote.

Disclaimer

This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Florida attorney.

Detailed Answer — Step‑by‑step under Florida law

1. Understand the context: probate vs. non‑probate

First confirm whether the deceased’s account is being handled inside a Florida probate estate or outside it (for example, because the debt was secured by property outside probate or the account was in a payable‑on‑death arrangement). Creditor claims and the procedure to dispute them are mainly governed by Florida’s Probate Code (Chapter 733). See Florida Statutes, Chapter 733: https://www.flsenate.gov/Laws/Statutes/2023/Chapter733.

2. Ask for a written, itemized payoff demand

Always require a written payoff quotation and an itemization. A complete payoff quote should include:

Account number and borrower name.
Principal balance as of a stated date.
Interest rate and how interest is being calculated (per diem interest if applicable).
Late fees, default fees, collection costs, and other charges with dates and calculations.
Any credits, payments or prior reconciliations applied to the account.
Who is issuing the quote (original creditor or assigned/servicing company) and their contact information.
Exact expiration date/time of the payoff figure.

Sample request language you can send by email or certified mail: “Please provide a written, itemized payoff statement for account #_____ showing principal, interest (with rate and daily amount), itemized fees, the date through which the payoff is calculated, and documentation of any assignment of the debt.”

3. Verify the creditor’s identity and the chain of assignment

Creditors (or servicers) commonly buy or service loans for others. Ask for proof that the party giving the payoff is the party with authority to demand payment — either the original creditor, the current servicer, or the assignee. Request copies of:

The original promissory note or loan agreement.
The recorded mortgage or security instrument (if any) and payoff/release language.
Documentation of assignment(s) of the note or servicing rights (assignment of mortgage, endorsed note, purchase agreement).

If the creditor cannot produce a valid assignment or a signed endorsement of the note, you may have grounds to dispute the claim or at least to insist they prove their standing in court.

4. Recreate the ledger and check calculations

Compare the creditor’s numbers to your estate records (bank payments, estate accountings, cancelled checks, bank statements). Verify:

Interest calculation method and start date.
Whether payments were correctly posted and applied.
Whether any payments were made after the date used in the payoff quote.
Whether fees or attorneys’ costs are allowed under the loan documents or Florida law.

If the creditor claims collection or legal fees, ask them to cite the contract provision and provide documentation of the fees charged.

5. Check whether the claim was properly presented to the estate

When an estate is being administered in Florida, creditors must present their claims to the personal representative. Confirm whether the creditor submitted a claim and whether the personal representative accepted, rejected, or paid it. The Florida Probate Code contains the statutory framework for notice to creditors and the handling of claims — see Chapter 733: https://www.flsenate.gov/Laws/Statutes/2023/Chapter733.

6. Communicate in writing and preserve proof

Send any disputes in writing and keep copies of all correspondence, certified‑mail receipts, emails, and documents you receive. Written records are key if you must litigate.

7. If you disagree, instruct the personal representative to reject the claim

Under Florida probate practice, if a creditor’s claim is disputed, the personal representative can formally reject the claim. If the executor or administrator rejects a claim, the creditor normally must file a petition in the probate court to seek allowance of the claim. Work with the personal representative and provide them your evidence showing why the payoff quote or claim is inaccurate or invalid.

8. File an objection in probate court when necessary

If the creditor insists the claim is valid and the personal representative does not reject it, you (or the personal representative) can file an objection or petition with the probate court to resolve the dispute. The court will set a hearing and may require the creditor to prove the claim’s amount and validity. Documentation you should be ready to provide includes the loan documents, payment records, proof of assignment, and the itemized payoff.

9. Consider settlement, mediation, or litigation

Many disputes over payoffs are resolved by negotiation. If the creditor’s documentation is weak, you may negotiate a reduced payoff or payment plan. If negotiation fails, the probate court can make a binding determination. In some cases, alternative dispute resolution (mediation) can be faster and less expensive than full litigation.

10. When to involve a Florida attorney

Consider hiring a Florida probate or consumer‑finance attorney if:

Large dollar amounts are involved.
The creditor cannot prove assignment or standing.
The payoff includes disputed or opaque fees.
The estate must make a final distribution and a contested claim could change distributions.

An attorney can prepare a proper objection, represent the estate at court hearings, and, when appropriate, assert defenses such as payment, expiration of rights, or improper assignment.

Helpful Hints

Always get payoff quotes in writing and check the exact date through which the quote is calculated. Payoff numbers can change daily because of interest.
Ask the creditor to identify whether they are the noteholder, servicer, or a purchaser of the loan. Request proof (endorsement, assignment, servicing agreement).
Keep a simple ledger showing payments the estate made and dates so you can compare to the creditor’s ledger.
Watch for unauthorized or duplicate fees and for charges that are not allowed under the written loan agreement.
If the claim concerns real property (mortgage), check public records to confirm recorded assignments, satisfactions, or releases.
When in doubt, ask the personal representative to reject an unsupported claim so the court can resolve it before estate distribution.
Keep all correspondence and documents in one place and send key communications by certified mail or another trackable method.

Key Florida reference

Florida Probate Code: Chapter 733 — general rules about administration and handling of claims against estates: https://www.flsenate.gov/Laws/Statutes/2023/Chapter733. Consult this chapter and a Florida attorney for how these rules apply to your situation.

If you want, provide basic facts (Is the estate in probate? Who gave the payoff? Is the debt secured by real property?) and I can outline the most relevant documents to request and a sample objection letter you can use.