Paying the Bills: A Miami Checklist for Creditor Claims in Florida Probate

One of a personal representative’s biggest jobs in a Miami-Dade probate is sorting out who gets paid before the heirs see a dime. Florida’s creditor-claim process (mainly Chapter 733) is unusually precise, and handling it wrong can leave a representative personally exposed. This checklist keeps you on track.

Step 1: Publish and serve notice to creditors

In formal administration, the personal representative must publish a Notice to Creditors once a week for two consecutive weeks in a Miami-Dade newspaper and serve the notice on known or reasonably ascertainable creditors. This step starts the clock, so do it early and document who you served.

Step 2: Track the two deadlines

Florida runs two parallel limits under §733.702 and §733.710:

• Three months from first publication for the general public to file claims.
• 30 days from being served for a creditor you actually served (whichever date gives that creditor more time controls).
• A two-year absolute bar from the date of death—after two years, most claims are barred regardless of notice.

Diligence on identifying known creditors matters: the U.S. Supreme Court requires actual notice to reasonably ascertainable creditors, and Florida courts have let late claims through when a representative failed to search reasonably.

Step 3: Review each claim and object if warranted

Creditors file claims in the probate file. The personal representative (or an interested person) may file a written objection. Once objected to, the creditor must file an independent lawsuit within 30 days or the claim is dropped. Scrutinize amounts, documentation, and whether the debt is even valid.

Step 4: Pay in the statutory order

If the estate can’t cover everything, Florida §733.707 sets a strict priority—roughly: administration costs, then funeral expenses (capped), then certain taxes and debts, then medical expenses of the last illness, then family allowance, then everything else. Paying a lower-priority creditor ahead of a higher one can make a representative liable. Don’t pay by squeaky wheel.

Step 5: Protect the homestead from claims

Florida’s constitutional homestead (Art. X, §4) generally passes to heirs free of the decedent’s creditors. In Miami’s market, the home is often the largest asset, and creditors frequently can’t touch it. Confirm homestead status before assuming the house must be sold to pay debts—it usually doesn’t.

Step 6: Don’t distribute too soon

Tempting as it is to pay the family quickly, distributing before the claim window closes can leave the representative personally on the hook for a valid claim that surfaces later. Wait out the deadlines.

Consult a Florida attorney

Creditor claims carry personal liability for the representative and short deadlines for creditors. A licensed Florida probate attorney can guide notice, objections, and the payment order for your Miami-Dade estate.