An individual’s estate consists of any property they own directly at the time of their death. The personal representative they name must distribute their property according to their wishes. However, they must first fulfill the responsibilities of the now-deceased testator.
Paying taxes and addressing debts are both important components of estate administration. Any valid debt owed by the deceased party typically becomes the responsibility of their estate. How long do creditors have to make a claim for payment during probate proceedings?
Claims can arise up to two years after a death
Florida Statutes give creditors up to two years after the date of an individual’s death to file a claim for payment in probate court. Providing notice to creditors can diminish how long they have to file claims for repayment from the estate.
The timeline for filing a claim diminishes during formal probate proceedings. A personal representative may send written notice to known creditors. Those creditors then have three months from the date of the letter’s mailing to file claims.
Personal representatives must also publish notice in a local newspaper to advise unknown creditors of the upcoming estate administration. Creditors who do not receive direct written notice generally have six months from the date of publication to file a claim for repayment during the probate proceedings.
Working with a probate attorney can help personal representatives minimize the likelihood of last-minute creditor claims that often complicate estate administration. Providing formal notice promptly can help reduce the likelihood of outside claims that could significantly diminish what beneficiaries would inherit and could reduce how long they must wait to receive their inheritance.