When someone dies in Florida, creditors don't have forever to demand payment from the estate. Heirs and personal representatives (PRs) have real tools to object to improper or late claims. Here's a crisp guide to the deadlines, objections, and exceptions that decide whether a claim gets paid or barred.
The two clocks that matter
1) The claims-filing window (3 months / 30 days).
After the PR publishes the Notice to Creditors, unknown creditors generally have 3 months from the first publication to file a statement of claim. Known or reasonably ascertainable creditors who are served with the Notice have 30 days after service (if later than the 3 months). This timing rule comes from §733.702 and the notice duties from §733.2121.
2) The absolute “nonclaim” cutoff (2 years from death).
Regardless of notice, most claims are forever barred 2 years after death (with narrow lien-related exceptions).
Florida's Supreme Court confirmed that if a known creditor never gets served with the Notice, the claim can still be timely if it's filed within that 2-year period (see Jones v. Golden, 2015).
Can I object to a creditor's claim?
Yes. A personal representative or any interested person may file a written objection to a filed claim by the later of:
-
4 months from first publication of the Notice to Creditors, or
-
30 days from the timely filing (or amendment) of that claim.
After an objection is served, the burden flips: the creditor must file an independent action (or appropriate declaratory action) within 30 days or risk having the claim barred. Courts can extend this 30-day litigation deadline for good cause, and the PR can agree in writing to a short extension before the 30 days runs.
Late claims and extensions (rare but real)
If a claim wasn't filed within the 3-month/30-day window, it's barred unless the court grants an extension. Extensions are limited to three grounds: fraud, estoppel, or insufficient notice of the claims period. A PR (or other interested person) may also serve a notice to petition for extension, which forces the creditor to seek an extension within 30 days of that notice. And remember: no extension can go past the 2-year bar in §733.710.
Practical playbook (for PRs and beneficiaries)
-
Calendar from day one. Log the first publication date and all service dates; these control every deadline. The PR must promptly publish and diligently search/serve reasonably ascertainable creditors.
-
Screen for validity. Object to claims that are unsupported, duplicated, paid, time-barred, or not enforceable against the estate. Use §733.705's objection window.
-
Force action after objection. If you object, diary the 30-day independent-action deadline for the creditor. If they don't sue in time (and no good-cause extension), the claim is barred.
-
Use the extension lever carefully. If a creditor is late but angling for an extension, consider serving the 30-day “petition for extension” notice to force the issue.
-
Never ignore the 2-year wall. Even known creditors who weren't served are out after 2 years from death.
Quick FAQs
What if a lawsuit was already pending when the decedent died?
If you object, the creditor can satisfy the “independent action” requirement by properly substituting the PR within 30 days of the objection (or compelling arbitration if applicable).
Do I need to object to a clearly late claim?
A late claim is already barred unless the court grants an extension, but objections are still useful to create a clean record and trigger the creditor's litigation clock if needed.
Bottom line: Florida probate is deadline-driven. Tight calendaring, timely objections, and smart use of the extension rules often decide whether a claim gets paid—or never leaves the starting line.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Gold Legacy Law. For legal advice regarding your personal situation, please contact our office to schedule a consultation.