Courthouse Tower 44 West Flagler Street Suite 2050 Miami, FL 33130
  • English
  • Español

Creditors with claims to make against the estate of a deceased person are entitled to specific rights and protections under Florida probate law. First, the decedent’s personal representative is legally obligated to publish a notice of the decedent’s passing, allowing creditors an opportunity to file claims. The personal representative is also required to proactively contact “known or reasonably ascertainable” creditors, notifying them of the decedent’s passing. Creditors have two years from the date of the deceased individual’s death to file a claim.

Creditor claims are processed and administered by the probate court. In the event of a dispute, the probate court will hear arguments and pass judgments on the validity or invalidity of a specific claim. Once all valid creditor claims have been paid out, the proceeds of the decedent’s estate will then be distributed to his or her legal beneficiaries.

While the probate estate process usually runs smoothly, creditor claim administration can be contentious. Personal representatives may be faced with questionable creditor claims, and this often leads to litigation. Conversely, creditors may encounter roadblocks and obstacles after filing a valid claim against a deceased individual’s estate, and they may need legal representation to resolve the matter.

The legal team at Pollack Pollack & Kogan work with both personal representatives and creditors filing claims against estates. The firm’s courteous, experienced, and knowledgeable attorneys have a proven track record of success in probate court creditor claim settlements. If you need legal advice in regards to a creditor claim, please contact Pollack Pollack & Kogan by email at info@PPKfirm.com or call 305-373-9676.