What Happens to Debt When You Die in Florida?
In Florida, creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
The creditor claim period of 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source runs from the first publication of the creditor notice, which follows the executor's appointment. Distributing assets before the period has run can leave the executor personally liable for a claim that arrives later.
Yes. Florida requires publication of a notice to creditorsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source once a week for 2Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source consecutive weeks in a newspaper of general circulation in the county where probate is filed. The notice states the deadline for a claim and where to present it.
Yes. Florida requires the executor to mail written notice to every known or reasonably ascertainable creditorFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source. "Reasonably ascertainable" reaches the creditors a review of the decedent's records, mail and statements would turn up.
In Florida, estate debts are paid in this order: Costs and expenses of administration, and compensation of personal representatives and their attorneys; Reasonable funeral, interment, and grave marker expenses (up to $6,000 in the aggregate); Debts and taxes with preference under federal law, Medicaid estate recovery and public assistance claims (ss. 409.9101, 414.28), and state claims for unpaid court costs, fees, or finesFla. Stat. § 733.707Verified Sep 23, 2026View source, then the remaining classes. If the estate is insolvent, a class is paid in full before the next receives anything, and claims within a class share proportionally. The Florida insolvent estate calculator walks the order against the assets.
Yes. Every claim in Florida is barred 24 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source after the date of death, whether or not notice was given. The bar is the final cutoff even where the executor never published or mailed a notice.
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Forms for Settling an Estate in Florida
Free forms for settling an estate in Florida: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Notice to Creditors
In Florida, the notice to creditors is published for 2Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Florida, a person named as personal representative may renounce the right to serveFla. Stat. § 733.301(1)(a), (4); Fla. Prob. R. 5.201(b); Fla. Stat. § 731.302Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
In Florida, the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment.
Estate Closing
In Florida, the personal representative is discharged by court orderFla. Prob. R. 5.400(e); Fla. Stat. § 733.901Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Florida
Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Much Can an Executor Charge?
Florida sets executor compensation on a statutory schedule that is presumed reasonable — about $15,000 on a $500,000 estate, roughly 3.0%Fla. Stat. § 733.617Verified Sep 8, 2026View source.
Can I Self-File Probate?
Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
How Do I Get Appointed as Executor?
In Florida, the Circuit Court appoints the personal representative and the The Circuit Court issues Letters of Administration; every appointment goes through the court.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Florida pays the claims in 8Fla. Stat. § 733.707Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration, and compensation of personal representatives and their attorneys.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Is the Estate's Personal Property Worth for Probate?
Estimate the fair market value of household items for probate and see how it affects fees.
How Much Does Probate Cost?
Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source.
Hire a Florida Probate Attorney
Browse 152 probate firms in Florida with addresses, contact info, and practice details.
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Florida Estate Settlement Resources
In-depth guides covering Florida probate, estate administration, and settling an estate.