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In Florida, how does an estate deal with creditors?

Posted by attorney Donald Lins

One of the first steps taken by the Personal Representative is to publish a Notice to Creditors in a local publication. In addition, a copy of the Notice to Creditors is mailed to any known creditors. Once the Notice to Creditors is published, creditors have the lesser of three months from the date of publication or 30 days from actual receipt of the Notice within which to file a claim against the Estate. If claims against the Estate are not timely filed, they are forever barred. This gives the Personal Representative and the Estate finality in dealing with creditors. If claims are filed which are disputed, the Personal Representative may object to them, thereby triggering a situation where they may be resolved by the court.

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