Notifying Creditors in Probate

Probate’s main goal is to make sure all the deceased’s debts are paid off in a fair and organized way. The person in charge of the probate is called the personal representative.  The personal representative must make every effort to provide actual notice of the probate proceeding to “known or reasonably ascertainable” creditors.  This gives creditors a chance to come forward. Examples of known or reasonably ascertainable creditors include medical care providers and suppliers, credit card companies, mortgagees, and utility companies, among others.

Legitimate debts of the deceased, such as taxes and expenses, must be settled before any money is distributed to the beneficiaries. The court will request a report from the personal representative detailing all claims in the probate estate and will not permit the estate to be closed until all claims are resolved or otherwise addressed.

Notice To Creditors

Personal representatives must publish and serve notice to creditors under Florida Statute 733.2121, unless prohibited by F.S. 733.710. F.S. 733.701 outlines the requirements. The personal representative must quickly search for the names and addresses of creditors of the deceased who are reasonably identifiable, even if the claims are unresolved, contingent, or unliquidated, and promptly serve a copy of the notice on those creditors. F.S. 733.2121(3)(a). Under F.S. 733.2121, the personal representative must promptly publish a notice to creditors after receiving the letters of administration. The notice must include the deceased’s name, the estate file number, the court designation and address, the personal representative’s name and address, the personal representative’s attorney’s name and address, and the date of first publication. The notice must also state that creditors must file claims against the estate with the court within the specified time periods outlined in [F.S.] 733.702, or their claims will be forever barred.  The claims of any creditor who is not “known or ascertainable” are also barred by publication.

How long does the Notice to Creditors get published?

The notice to creditors must be published once a week for two consecutive weeks in a newspaper published in the county where the estate is administered. A newspaper in general circulation in that county is to be used if there is no local paper. F.S. 733.2121(2); Rule 5.241(c).

There is an additional requirement for decedents 55 and older

If, at the time of death, a decedent was 55 years old or older, the personal representative is required to serve a copy of the notice to creditors along with a copy of the death certificate on the Agency for Health Care Administration. This should be done within three months after the first publication of the notice to creditors, unless the agency has already filed a claim in the estate proceedings. 

Statement Regarding Creditors

Florida Probate Rule 5.241(d) states:

Within 4 months after the date of the first publication of notice to creditors, the personal representative shall file a verified statement that diligent search has been made to ascertain the name and address of each person having a claim against the estate. The statement shall indicate the name and address of each person at that time known to the personal representative who has or may have a claim against the estate and whether such person was served with the notice to creditors or otherwise received actual notice of the information contained in the notice to creditors; provided that the statement need not include persons who have filed a timely claim or who were included in the personal representative’s proof of claim. 

Do You Need Help?

Losing a loved one is a tough experience that most of us go through at some point in our lives. It’s important to have someone experienced and knowledgeable by your side to help you navigate the probate process. If you have questions about probating a loved one’s estate, don’t hesitate to reach out to Ormond Beach probate attorney Andrew J. Pascale. You can give us a call at 877-667-1211. We’re here to help!