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Can Creditors Make Claims Against an Estate During Probate in Florida?

Yes. In Florida, creditors can file claims against a person’s estate during probate, and valid debts must usually be paid before beneficiaries receive distributions. The law sets strict timelines and procedures for these claims. In areas like West Palm Beach, Fort Lauderdale, and Miami, estates typically include mortgages, medical bills, credit card debt, or business obligations. Understanding how creditor claims work can help you prevent costly mistakes.

At Brian K. McMahon, P.A., our South Florida probate lawyer can help you understand which debts must be paid, which can be challenged, and how to protect estate assets during the probate process.

How Does The Creditor Claims Process Work in Florida?

When probate begins, the personal representative must notify known creditors about the probate and inform unknown creditors about the probate by publishing a notice in local newspapers. This marks the start of the filing period for claims. Creditors generally have 30 days after direct notice to file a claim or 3 months after the notice to creditors is published. If a creditor misses the deadline, the claim can be barred permanently.

What Types of Debts Can Creditors Claim During Probate?

Common claims against estates include:

For instance, an estate in Miami-Dade includes a condo with a mortgage and several credit card balances. The lender and credit card companies can file timely claims seeking payment from estate assets. However, not all claims are automatically valid. Some debts can be disputed, outdated, or improperly calculated.

What Happens If The Estate Does Not Have Enough Money?

If estate assets are insufficient to pay all debts, the law requires the personal representative to follow a strict statutory priority order. Claims are generally paid in this order:

If funds run out in a higher category, lower-priority creditors may receive little or nothing. Beneficiaries are paid only after valid creditor claims are satisfied according to this statutory order.

Can Creditor Claims Be Challenged in Florida?

Yes. Personal representatives may object to improper or unsupported claims. Once an objection is filed, the creditor must take legal action within a set time frame to enforce the claim. Common reasons to challenge a claim include incorrect debt amounts, expired statute of limitations, lack of documentation, and identity errors. Challenging improper claims can preserve more assets for the beneficiaries.

How Do Probate Assets Differ From Non-Probate Assets?

Not all assets are subject to creditor claims in probate. Certain assets may pass outside probate, including:

These assets typically transfer directly to the beneficiaries and may not be available to estate creditors.

What a Probate Lawyer in South Florida Can Do For You

Creditor issues during probate require careful review and fast action. A seasoned South Florida probate attorney can help you identify valid debts, enforce deadlines, and object to improper claims when necessary. They can:

Lawyers can also help you understand how claims affect distributions and whether disputes are worth pursuing.

Trust Our Probate Attorney in South Florida to Handle Your Case

Find out how our South Florida probate lawyer at Brian K. McMahon, P.A. can help by arranging your free case consultation online or at 561-658-1789.