The Debt Dies with the Person

FALSE, this is one of the biggest misconceptions with regard to a decedent’s debts. When a person in Florida dies with debt, creditors have two years to file claims against the estate or trust of a decedent. After opening a Probate estate, a Personal Representative (known as Executor in other states), can take action to shorten the two year window by notifying creditors of the debtor’s death.  The creditor has the option to open up Probate if one is not already open, or file a statement of claim in a Probate opened by the decedent’s Personal Representative (known as ‘Executor’ in other states), and work through the Probate system to collect the debt owed to them from assets that belonged to the decedent (the decedent’s Estate).  When the decedent’s Personal Representative through his/her attorney opens a Probate case and properly publishes notice to creditors serving all reasonably ascertainable creditors, including Agency for Health Care Administration if the decedent was 55 years of age or over, the creditors must file their claim within thirty (30) days after receiving a Notice to Creditors or three months from the date of publication of the Notice to Creditors, whichever is later. Therefore, while opening a Probate and serving notice to creditors, means having to pay court costs, publication costs, and attorney fees, it is sometimes advisable in order to close the two year window during which creditors would otherwise be able to make a claim.

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800 SE 4th Avenue, Suite 806
Hallandale, Florida 33009

Serving Greater Miami and South Broward including: Aventura, North Miami Beach, Hallandale Beach, Sunny Isles Beach, Miami Beach, North Miami, Miami Shores, Miami Lakes, Doral, Hialeah, Hialeah Gardens, Pembroke Pines and Hollywood.

Phone: 786-262-5105

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