If you’ve recently lost a loved one and you’re now the personal representative (sometimes called the executor), you may be thinking: “I’ll just file the paperwork, pay a few bills, and distribute what’s left…”
Well… Florida probate does not work that way.
One of the fastest ways a straightforward administration turns into delay, conflict, or liability is when the Notice to Creditors step is handled improperly.
This post is designed to answer one of the most common questions people ask:
“What are the deadlines for creditors in Florida probate, and what do I have to do to protect the estate?”
Where “Palm Beach Gardens Probate Court” Actually Happens
If you live in Palm Beach Gardens, you’re still in Palm Beach County for probate. In many cases, filings and clerk services are routed through the Palm Beach County Clerk & Comptroller and the Fifteenth Judicial Circuit.
Palm Beach County has multiple locations. For residents of Palm Beach Gardens, the Clerk lists the North County location at:
- 3188 PGA Boulevard, Palm Beach Gardens, FL 33410 (Attn: Probate Department)
Important practical note for 2026: Many probate documents can be e-filed, but some originals (like the original will and death certificate) must be delivered physically. Palm Beach County’s probate FAQ specifically notes that the original death certificate and original will cannot be e-filed.
The “Notice to Creditors” Is Not Just a Formality—This Is How You Start the Probate Clock
In Florida, the personal representative must promptly publish a Notice to Creditors, and that notice must include specific details (decedent’s name, estate file number, court designation/address, PR and attorney information, and the date of first publication).
Why this matters: creditor deadlines are triggered by the date of first publication.
Publication Rules (Florida Probate, Palm Beach County)
Florida requires publication once a week for two consecutive weeks in a newspaper published in the county where the estate is administered (or a paper of general circulation if needed).
The Two Deadlines Everyone Needs to Understand (and Calendar)
1. The “3 Months from First Publication” Deadline
A creditor claim is generally not binding unless filed on or before the later of:
- 3 months after the time of first publication, OR
- 30 days after service (for creditors who must be served)
That “later of” language matters more than people realize.
2. The “2-Year Hard Stop” (Statute of Repose)
Florida also has an outside deadline: 2 years after the date of death, the estate/PR/beneficiaries generally are not liable for claims (with limited statutory exceptions).
Translation: even if someone argues they didn’t know about the estate, there is typically still a hard cutoff at two years.
The Step People Skip: Serving “Reasonably Ascertainable” Creditors
Publication alone is not the whole process.
Florida requires the personal representative to make a diligent search for creditors who are “reasonably ascertainable” and to promptly serve those creditors with the notice. The statute is also clear that impracticable and extended searches are not required.
That phrase “reasonably ascertainable” is where real-world probate gets technical.
What a “Diligent Search” Looks Like in Practice (2026 Checklist Mindset)
- Forwarding mail
- Reviewing recent bank/credit card statements
- Reviewing medical bills, insurance EOBs, and facility invoices
- Checking for mortgage statements, HOA notices, vehicle loans
- Looking at the decedent’s email for billing portals (utilities, subscriptions)
- Reviewing business records if the decedent owned a company
Why so thorough? Because if a creditor should have been served and wasn’t, the estate can stay exposed longer (and disputes get expensive).
Florida probate practice also includes a required filing tied to this effort:
- A verified “Statement Regarding Creditors” must be filed within 4 months after first publication.
- Proof of publication must be filed with the court within 45 days after the date of first publication.
These deadlines are emphasized in practitioner guidance as well.
A 2026 “Recent Update” Most Families Haven’t Heard About: The Community Property Demand Language
Florida’s Notice to Creditors statute now includes language that the personal representative has no duty to discover whether property held by the decedent/surviving spouse is subject to Florida’s Uniform Disposition of Community Property Rights at Death Act unless a written demand is made by a creditor as specified by statute.
And the Florida Supreme Court has addressed procedural implementation, stating that the written demand must be filed with the clerk.
Why mention this in a “creditor deadlines” post? Because it’s a good example of what has changed in the background: probate forms and notices aren’t frozen in time, and the safest approach in 2026 is to treat probate like a compliance timeline, not a casual errand.
Special Rule That Surprises Many Palm Beach County Families: AHCA Notice When Decedent Was 55+
If the decedent was 55 or older at death, the personal representative must serve the Agency for Health Care Administration (AHCA) with a copy of the Notice to Creditors and a copy of the death certificate within 3 months after first publication (unless AHCA already filed a claim).
This is often relevant even when the family believes “there was no Medicaid,” because Medicaid estate recovery is fact-specific and sometimes discovered late. The safest approach is to confirm early and document what you did.
“Do I Have to Pay Bills Immediately?” Not Necessarily—And Paying Too Early Can Create Problems
Florida provides that no personal representative shall be compelled to pay debts until after the expiration of 5 months from first publication of Notice to Creditors.
This matters because premature payments can:
- Disrupt the priority scheme
- Create beneficiary disputes
- Leave the estate short if a valid claim arrives later
A Timeline You Can Actually Use (Starting the Day Letters of Administration Are Issued)
| Event | Deadline |
|---|---|
| Letters of Administration issued | Day 0 |
| Publish Notice to Creditors (two consecutive weeks) | As soon as feasible |
| Serve reasonably ascertainable creditors | As soon as feasible |
| File proof of publication | Within 45 days of first publication |
| Creditors (unknown/published) deadline clock is running | Within 3 months of first publication |
| If decedent was 55+, serve AHCA with notice + death certificate | Within 3 months of first publication |
| File verified Statement Regarding Creditors | Within 4 months of first publication |
| Claims become barred if not properly filed | Later of (a) 3 months from first publication or (b) 30 days after service |
| PR generally cannot be compelled to pay debts until after this point | 5 months after first publication |
| Outside limit for most claims (statute of repose) | 2 years after death |
“What If a Creditor Files a Claim—What Happens Next?”
This is where a lot of DIY probates break down.
A filed claim is not automatically “valid,” and it’s not automatically “payable right now.” It must be evaluated (priority, documentation, whether it’s timely, whether it’s barred, whether it’s secured, whether it’s insured, etc.).
If you’re the PR, you’re balancing three obligations:
- Follow Florida statutory deadlines
- Avoid paying the wrong thing at the wrong time
- Preserve enough assets to close the estate correctly
This is exactly the type of decision-making that benefits from counsel, because one misstep often costs far more than the legal help would have.
Palm Beach Gardens Probate Filings: E-Filing vs. Originals
For 2026, assume your probate process will involve a mix of:
- E-filing through Florida’s portal
- Physical delivery of certain originals
Palm Beach County states e-filing is mandatory for attorneys, and the Clerk provides e-filing instructions.
And again, Palm Beach County probate guidance notes original death certificates and original wills must be mailed/hand-delivered (not e-filed).
Frequently Asked Questions
How long do creditors have to file a claim in Florida probate?
Generally, the deadline is the later of 3 months after first publication of Notice to Creditors, or 30 days after service on a creditor who must be served.
Is there an absolute deadline for creditor claims?
Yes, Florida generally imposes an outside deadline at 2 years after death (with limited statutory exceptions).
Do I have to notify creditors directly?
You must make a diligent search for reasonably ascertainable creditors and serve them; publication alone is not the entire requirement.
Where do I go for probate in Palm Beach Gardens?
Palm Beach County lists the North County probate department location at 3188 PGA Blvd., Palm Beach Gardens, FL 33410.
The Bottom Line (and the Part I Want You to Remember)
If you’re handling a probate estate in Palm Beach Gardens, the Notice to Creditors step is a deadline machine:
- Publish correctly
- Serve the right people
- File proof and creditor statements on time
- Don’t distribute too early
If you want help setting this up correctly, and keeping the administration moving, my team can guide you. Felinton Elder Law & Estate Planning Centers serves Palm Beach County families, and you can reach us at (561) 290-2179.