DAVID A. SILVERSTONE
FLORIDA PROBATE AND ESTATES LAWYER.
Creditor Litigation
Probate is not only for the benefit of a decedent’s heirs, but also for the benefit of the decedent’s creditors.
If a decedent dies with unpaid medical bills, credit card bills, or any other obligations, the personal representative must provide each of them a Notice to Creditors, by certified mail.
The personal representative must also publish a Notice to Creditors in the legal notices section of a local newspaper.
Creditors are given 90 days in which to file a claim in the court probate file. The personal representative can agree that the claims are legitimate and should be paid, or can object to them.
If an objection is filed, the creditor must file an independent action against the estate within 30 days.
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