Florida Notice to Creditors: Publication, Service and the Claims Bar

What the personal representative must do

Unless claims are otherwise barred by law, the personal representative must promptly publish a notice to creditors and serve it on every creditor of the decedent who is reasonably ascertainable. Service can be by informal notice or in the manner provided for formal notice, at the personal representative's option, and different creditors can be served by different methods. If the law requires notice to the Agency for Health Care Administration, that service must be accompanied by a copy of the death certificate (Rule 5.241).

What the notice must contain

• The decedent's name and the estate's file number.
• The designation and address of the court.
• The names and addresses of the personal representative and the personal representative's attorney.
• The date of first publication.
• A statement requiring creditors to file claims with the court within the time provided by law.
• A statement that the personal representative has no duty to discover whether property is subject to the Florida Uniform Disposition of Community Property Rights at Death Act unless a creditor makes a written demand filed with the clerk.

Filings and deadlines

• Proof of publication: file within 45 days after the date of first publication. The committee notes say a late proof of publication does not change the time limits for filing claims.
• Statement of diligent search: within four months after first publication, file a verified statement that a diligent search was made to find each person with a claim. It lists the name and address of each person known to have or possibly have a claim and whether that person was served or otherwise received actual notice. It need not include persons who have already filed a timely claim.
• Claims deadline: a claim must be filed by the later of three months after first publication or, for a creditor who had to be served, 30 days after service (s. 733.702).
• Late claims: a claim not timely filed is barred even if no one objects, unless the court extends the time. An extension is available only for fraud, estoppel or insufficient notice of the claims period, and once a notice to file a petition for extension is served the creditor has 30 days to file it.
• Two-year limit: two years after death, the estate, the personal representative and the beneficiaries are generally not liable for claims against the decedent, with exceptions such as a claim timely filed within two years that has not been paid or otherwise disposed of (s. 733.710).

Who counts as reasonably ascertainable

The committee notes tie this requirement to due process. In Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478 (1988), the Supreme Court held that a creditor who is known or reasonably ascertainable cannot be barred by publication alone. The committee declined to list required search steps because the right steps depend on how familiar the personal representative is with the decedent's affairs. Whatever search you run, keep a record of it, since the verified statement asks you to swear that it was diligent.

Publication starts the clock for unknown creditors. Service starts it for known ones.

General information for Florida practitioners, reviewed in October 2026 against the statute and rule text linked above. It is not legal advice. Rules, statutes and local circuit practices change, so confirm against the current text and your circuit's requirements before relying on it.

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