Florida law requires a formal probate for an Estate with assets over $75,000.00. Formal probate includes filing a Notice to Creditors, posted in a publication of circulation within the County in which the decedent resided or died. The Personal Representative is required to serve all known Creditors with formal notice. Creditors then have three months to file a claim against the Estate. Creditors are then barred from making a claim after the three month period. Even if you believe you have paid all creditors, there could be claims made against the Estate of which you would otherwise be unaware. Potential creditors can include medical providers, hospitals, service providers, credit cards, and anyone else to whom the decedent owed money. Speak with your attorney regarding the duties of a Personal Representative.
-Emily A. Helmick, Esq.