Florida probate law provides for public notice to the creditors of a deceased individual, inviting them to submit financial claims against the decedent’s estate for unpaid debts. To this end, the decedent’s personal representative is legally obligated to provide public notice to creditors.
From a legal standpoint, creditors can include one or more of the following individuals or entities:
- A financial institution, such as a bank, credit union, or credit card company
- Business partners of the decedent
- Guarantors of the decedent’s debts
- Individuals with active or resolved financial claims against the decedent which have not yet been paid in full
Under Florida law, creditors must file claims against the estate of a decedent within two years of the deceased individual’s date of death. To facilitate the filing of any such claims, the personal representative is obligated to contact the decedent’s known or reasonably ascertainable creditors, and to publish notices in newspapers in the jurisdiction where the decedent lived and/or passed away.
Creditor rights are among the most contentious aspects of probate law, as personal representatives are not always aware of “known or reasonably ascertainable creditors.” Litigation often arises from such disputes. Conversely, creditors are entitled to legal assistance as they pursue the collection of valid debts.
The knowledgeable and experienced team at Pollack Pollack & Kogan works with both creditors and personal representatives facing legal issues in regards to debt claims and settlements. The firm’s legal team provides assistance to personal representatives disputing creditor claims, as well as creditors attempting to collect unpaid debts from estates. 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.