We Can Help - Se Habla Español

Creditor claims after death may arise during probate

Most of us have a combination of assets, like bank and retirement accounts, and debts, like mortgages and auto loans. This likely will be the situation the rest of our lives. Thus, when we die, there may be creditors who are owed money, or at least believe they are.

One of the tasks of the personal representative of the decedent’s estate is to pay off legitimate creditors, and to fend off false debt claims. The process begins when the representative gives notice that the estate of the decedent -- a legal term for the person who has died -- has entered into probate.

All known creditors must receive notice, as must those who may be “reasonably ascertainable” to have lent money to the decedent, according to the Florida Bar Association. Providing notice starts the clock for the time period during which these creditors, or would-be creditors, can make a claim against the estate.

The law does not allow an endless amount of time to make claims. The time limit depends on the type of debt claim, but generally creditors have three months. They make a claim by filing with the clerk of the circuit court that is handling the probate.

Once the claim is filed, the personal representative has the option of disputing it, as can any other “interested persons,” in the Florida Bar’s language. If the debt is disputed this way, the creditor must sue if it still wants to pursue the claim.

A family or personal representative dealing with creditor claims against an estate may benefit from the aid of a probate attorney.

No Comments

Leave a comment
Comment Information
  • Avvo Clients' Choice
  • Lawyers.com
  • ATG
  • JDSUPRA | Give Content. Get Noticed.
  • SSF | Short Sale Facilitators
Email Us For A Response

Contact Korshak & Associates

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

North Office
950 South Winter Park Drive
Suite 290
Casselberry, FL 32707

Toll Free: 800-587-2470
Phone: 407-680-1471
Phone: 407-680-1471
Casselberry Law Office Map

South Office
13574 Village Park Drive
Suite 235
Orlando, FL 32837

Toll Free: 800-587-2470
Phone: 407-680-1471
Orlando Law Office Map

Back to Top