How long do creditors have to file a claim against an estate in Florida?

The two deadlines, in short

Florida probate uses two creditor clocks: a 2-year clock and a 3-month clock, both measured from the date of death. These clocks matter no matter whether the estate ends up in summary administration or formal administration.

What decides which clock applies

The material behind this guide does not spell out every rule for when the 3-month clock starts versus the 2-year clock — only that both exist and both run from the date of death. Confirm the exact triggering event and any notice requirements with the clerk of court's probate division or a probate attorney.

Why the total estate value still matters

Before creditor clocks come into play, the estate has to go through the right process. The tool totals the actual probate assets — after setting aside anything that passes outside probate, such as joint accounts, assets with a named beneficiary, trust assets and the homestead — and checks that total against Florida's $75,000 line for summary administration.

Under the line generally points to summary administration: weeks, no personal representative.
Over the line generally points to formal administration, which in Florida requires a lawyer under Rule 5.030, except in narrow cases.

What doesn't go through this process at all

Some assets are set aside before the probate total is even calculated: joint accounts, anything with a named beneficiary, trust assets, and the homestead (protected under Art. X §4 of the Florida Constitution). Exempt property and funeral reimbursement are accounted for separately.

What is not covered here

This guide does not have specific statute section numbers for the creditor clocks, does not know your family's exact dates, and cannot see deeds, account agreements, or the will. This is not legal advice. Confirm every deadline with the clerk of court's probate division, and ask a probate attorney if you need one — the Florida Bar's lawyer referral service is free to consult.

What to do next

Probate Needed? FL is a free tool. Describe what your parent owned and how each asset was titled, and it will sort what passes outside probate, total the true probate estate against the $75,000 line, tell you which process fits, and flag the 2-year and 3-month creditor clocks — using your own numbers, not examples.

Use the free tool

Probate Needed? FL is an informational tool based on the Florida Probate Code (Fla. Stat. chapters 731–735), the Florida Probate Rules, and Art. X §4 of the Florida Constitution as of 2025–26. It is not legal advice and does not file anything. Titling, beneficiary designations and homestead status depend on documents this tool cannot see; values are estimates. It is not affiliated with any court, bank or law firm.