Glossary · Probate Administration
Notice to Creditors
The published and served notice that starts Florida’s creditor claim period in probate.
Notice to Creditors is how a Florida estate tells known and unknown creditors that probate is open and that they have a limited window to file claims. It is published in a local newspaper and served directly on creditors the personal representative can identify.
The notice triggers the creditor claim period. Most creditors must file within three months of the first publication. Creditors served directly generally have the later of three months from publication or thirty days from being served.
Handling creditors correctly protects both the estate and the personal representative. Paying claims in the wrong order, or distributing before the period closes, can create personal liability.
In Florida
Florida’s three-month creditor period is usually the single biggest driver of how long probate takes. It is also why a death more than two years ago can qualify for summary administration: by then the claims window has closed by law.
Common questions
How long do creditors have to file a claim in Florida?
Most creditors must file within three months of the first publication of the Notice to Creditors. Those served directly get the later of three months from publication or thirty days from service.
Keep reading
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Estate Planning and Probate
Not sure how this applies to you?
We explain how notice to creditors and the rest of a Florida estate plan fit your situation, in a free 15-minute call. Flat fees on most estate work, across Broward, Miami-Dade, and Palm Beach.
This page is general information about Notice to Creditors under Florida law and does not constitute legal advice. Every family and estate is different.