Florida Probate Rule 5.241
RULE 5.241. NOTICE TO CREDITORS
(a) Publication and Service. Unless creditors’ claims are
otherwise barred by law, the personal representative must promptly
publish a notice to creditors and serve the notice on all creditors of
the decedent who are reasonably ascertainable and, if required by
law, on the Agency for Health Care Administration. Service of the
notice must be either by informal notice, or in the manner provided
for service of formal notice at the option of the personal
representative. Service on one creditor by a chosen method will not
preclude service on another creditor by another method.
(b) Contents.
(1) The notice to creditors must contain the name of
the decedent, the file number of the estate, the designation and
address of the court, the name and address of the personal
representative and of the personal representative’s attorney, and
the date of first publication of the notice to creditors. The notice
requires all creditors to file all claims against the estate with the
court, within the time provided by law.
(2) The notice must state that the personal
representative or curator has no duty to discover whether any
property held at the time of the decedent’s death by the decedent or
the decedent’s surviving spouse is property to which the Florida
Uniform Disposition of Community Property Rights at Death Act as
described in sections 732.216-732.228, Florida Statutes, applies, or
may apply, unless a written demand is made by a creditor as
specified under section 732.2211, Florida Statutes. The written
demand must be filed with the clerk.
(c) Method of Publication and Proof. Publication must be
made as required by law. The personal representative must file
proof of publication with the court within 45 days after the date of
first publication of the notice to creditors.
(d) Statement Regarding Creditors. Within 4 months after
the date of the first publication of notice to creditors, the personal
representative must file a verified statement that diligent search has
been made to ascertain the name and address of each person
having a claim against the estate. The statement must indicate the
name and address of each person at that time known to the
personal representative who has or may have a claim against the
estate and whether such person was served with the notice to
creditors or otherwise received actual notice of the information
contained in the notice to creditors, provided that the statement
need not include persons who have filed a timely claim or who were
included in the personal representative’s proof of claim.
(e) Service of Death Certificate. If service of the notice on
the Agency for Health Care Administration is required, it must be
accompanied by a copy of the death certificate.
Committee Notes
It is the committee’s opinion that the failure to timely file the
proof of publication of the notice to creditors will not affect time
limitations for filing claims or objections.
On April 19, 1988, the United States Supreme Court decided
Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478,
108 S. Ct. 1340, 99 L. Ed. 2d 565. This case substantially impacted
the method for handling (and barring) creditors’ claims. This case
stands for the proposition that a creditor may not be barred by the
usual publication if that creditor was actually known to or
reasonably ascertainable by the personal representative, and the
personal representative failed to give notice to the creditor by mail
or other means as certain to ensure actual notice. Less than actual
notice in these circumstances would deprive the creditor of due
process rights under the 14th Amendment to the U.S. Constitution.
Probably actual notice of the death (as in the case of a hospital
where the decedent died as a patient) without notice of the
institution of probate proceedings is not sufficient.
An elementary and fundamental requirement of due process in
any proceeding which is to be accorded finality is notice reasonably
calculated, under all the circumstances, to apprise interested
persons of the pendency of the proceeding and afford them an
opportunity to present their claims.
The steps to be taken by a personal representative in
conducting a diligent search for creditors depends, in large
measure, on how familiar the personal representative is with the
decedent’s affairs. Therefore, the committee believes it is
inappropriate to list particular steps to be taken in each estate,
since the circumstances will vary from case to case.
The statement required by this rule is not intended to be
jurisdictional but rather to provide evidence of satisfaction (or lack
thereof) of the due process requirements.
Rule History
2002 Revision: New rule to implement procedures consistent
with new section 733.2121, Florida Statutes.
2003 Revision: Committee notes revised.
2005 Revision: Subdivision (a) amended to clarify approved
methods of service on creditors. Committee notes revised.
2007 Revision: New subdivision (e) added to require service of
a copy of the decedent’s death certificate on the Agency for Health
Care Administration, as is now required by section 733.2121(3)(d),
Florida Statutes.
2019 Revision: Subdivision (e) amended to clarify that a copy
of a death certificate suffices.
2024 Revision: Subdivision (b)(2) was created to conform to an
amendment to section 733.2121, Florida Statutes, which requires
the notice to creditors to include a notice that the personal
representative has no duty to determine if property is subject to the
Florida Uniform Disposition of Community Property Rights at Death
Act. Committee notes revised.
Statutory References
ch. 50, Fla. Stat. Legal and official advertisements.
§ 731.301, Fla. Stat. Notice.
§ 733.2121, Fla. Stat. Notice to creditors; filing of claims.
§ 733.702, Fla. Stat. Limitations on presentation of claims.
§ 733.703, Fla. Stat. Form and manner of presenting claim.
§ 733.704, Fla. Stat. Amendment of claims.
§ 733.705, Fla. Stat. Payment of and objection to claims.
§ 733.708, Fla. Stat. Compromise.
Rule Reference
Fla. Prob. R. 5.490 Form and manner of presenting claim.
(a) Publication and Service. Unless creditors’ claims are
otherwise barred by law, the personal representative must promptly
publish a notice to creditors and serve the notice on all creditors of
the decedent who are reasonably ascertainable and, if required by
law, on the Agency for Health Care Administration. Service of the
notice must be either by informal notice, or in the manner provided
for service of formal notice at the option of the personal
representative. Service on one creditor by a chosen method will not
preclude service on another creditor by another method.
(b) Contents.
(1) The notice to creditors must contain the name of
the decedent, the file number of the estate, the designation and
address of the court, the name and address of the personal
representative and of the personal representative’s attorney, and
the date of first publication of the notice to creditors. The notice
requires all creditors to file all claims against the estate with the
court, within the time provided by law.
(2) The notice must state that the personal
representative or curator has no duty to discover whether any
property held at the time of the decedent’s death by the decedent or
the decedent’s surviving spouse is property to which the Florida
Uniform Disposition of Community Property Rights at Death Act as
described in sections 732.216-732.228, Florida Statutes, applies, or
may apply, unless a written demand is made by a creditor as
specified under section 732.2211, Florida Statutes. The written
demand must be filed with the clerk.
(c) Method of Publication and Proof. Publication must be
made as required by law. The personal representative must file
proof of publication with the court within 45 days after the date of
first publication of the notice to creditors.
(d) Statement Regarding Creditors. Within 4 months after
the date of the first publication of notice to creditors, the personal
representative must file a verified statement that diligent search has
been made to ascertain the name and address of each person
having a claim against the estate. The statement must indicate the
name and address of each person at that time known to the
personal representative who has or may have a claim against the
estate and whether such person was served with the notice to
creditors or otherwise received actual notice of the information
contained in the notice to creditors, provided that the statement
need not include persons who have filed a timely claim or who were
included in the personal representative’s proof of claim.
(e) Service of Death Certificate. If service of the notice on
the Agency for Health Care Administration is required, it must be
accompanied by a copy of the death certificate.
Committee Notes
It is the committee’s opinion that the failure to timely file the
proof of publication of the notice to creditors will not affect time
limitations for filing claims or objections.
On April 19, 1988, the United States Supreme Court decided
Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478,
108 S. Ct. 1340, 99 L. Ed. 2d 565. This case substantially impacted
the method for handling (and barring) creditors’ claims. This case
stands for the proposition that a creditor may not be barred by the
usual publication if that creditor was actually known to or
reasonably ascertainable by the personal representative, and the
personal representative failed to give notice to the creditor by mail
or other means as certain to ensure actual notice. Less than actual
notice in these circumstances would deprive the creditor of due
process rights under the 14th Amendment to the U.S. Constitution.
Probably actual notice of the death (as in the case of a hospital
where the decedent died as a patient) without notice of the
institution of probate proceedings is not sufficient.
An elementary and fundamental requirement of due process in
any proceeding which is to be accorded finality is notice reasonably
calculated, under all the circumstances, to apprise interested
persons of the pendency of the proceeding and afford them an
opportunity to present their claims.
The steps to be taken by a personal representative in
conducting a diligent search for creditors depends, in large
measure, on how familiar the personal representative is with the
decedent’s affairs. Therefore, the committee believes it is
inappropriate to list particular steps to be taken in each estate,
since the circumstances will vary from case to case.
The statement required by this rule is not intended to be
jurisdictional but rather to provide evidence of satisfaction (or lack
thereof) of the due process requirements.
Rule History
2002 Revision: New rule to implement procedures consistent
with new section 733.2121, Florida Statutes.
2003 Revision: Committee notes revised.
2005 Revision: Subdivision (a) amended to clarify approved
methods of service on creditors. Committee notes revised.
2007 Revision: New subdivision (e) added to require service of
a copy of the decedent’s death certificate on the Agency for Health
Care Administration, as is now required by section 733.2121(3)(d),
Florida Statutes.
2019 Revision: Subdivision (e) amended to clarify that a copy
of a death certificate suffices.
2024 Revision: Subdivision (b)(2) was created to conform to an
amendment to section 733.2121, Florida Statutes, which requires
the notice to creditors to include a notice that the personal
representative has no duty to determine if property is subject to the
Florida Uniform Disposition of Community Property Rights at Death
Act. Committee notes revised.
Statutory References
ch. 50, Fla. Stat. Legal and official advertisements.
§ 731.301, Fla. Stat. Notice.
§ 733.2121, Fla. Stat. Notice to creditors; filing of claims.
§ 733.702, Fla. Stat. Limitations on presentation of claims.
§ 733.703, Fla. Stat. Form and manner of presenting claim.
§ 733.704, Fla. Stat. Amendment of claims.
§ 733.705, Fla. Stat. Payment of and objection to claims.
§ 733.708, Fla. Stat. Compromise.
Rule Reference
Fla. Prob. R. 5.490 Form and manner of presenting claim.