733.2121
Notice to creditors; filing of claims.
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733.2121 Notice to creditors; filing of claims.—
(1) Unless creditors’ claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative’s attorney, and the date of first publication. The notice shall state that creditors must file claims against the estate with the court during the time periods set forth in s. 733.702, or be forever barred. The notice shall state that a 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 ss. 732.216-732.228, applies, or may apply, unless a written demand is made by a creditor as specified under s. 732.2211.
(2) Publication shall be once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered or, if there is no newspaper published in the county, in a newspaper of general circulation in that county.
(3)(a) The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part, whose claim has been paid in full, or whose claim is listed in a personal representative’s timely filed proof of claim.
(b) The personal representative is not individually liable to any person for giving notice under this section, even if it is later determined that notice was not required. The service of notice to creditors in accordance with this section shall not be construed as admitting the validity or enforceability of a claim.
(c) If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate.
(d) If a decedent at the time of death was 55 years of age or older, the personal representative shall promptly serve a copy of the notice to creditors and provide a copy of the death certificate on the Agency for Health Care Administration within 3 months after the first publication of the notice to creditors, unless the agency has already filed a statement of claim in the estate proceedings.
(e) The personal representative may serve a notice to creditors on the Department of Revenue only when the Department of Revenue is determined to be a creditor under paragraph (a).
History.—s. 95, ch. 2001-226; s. 9, ch. 2003-154; s. 4, ch. 2005-140; s. 49, ch. 2017-36; s. 12, ch. 2024-238.
Notes of Decisions
Cited in 19
cases (5 in the last 5 years), 2002–2026 · leading case: Carol Ann Jones v. Edward I. Goden, etc.
Carol Ann Jones v. Edward I. Goden, etc. (2015)
“§ 733.2121, Fla. Stat. (2006); see also Fla.”
Amendments to the Florida Probate Rules (2003)
“§ 733.2121, Fla. Stat. Notice to creditors; filing of claims.”
Miller v. Estate of Baer (2002)
“212 was re-written and section 733.2121, Florida Statutes was added.”
In Re Amendments to the Fl. Probate Rules (2007)
“Committee Notes [No Change] Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes. 2003 Revision: Committee notes revised.”
Richard and Chernecky v. Richard (2016)
“See § 733.2121(1), Fla. Stat. (2012). Thus, to the extent Karen’s proposed construction of section 733.”
Golden v. Jones (2013)
“Under section 733.2121(3)(a), Florida Statutes (2006), the personal representative of an estate “shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable .”
Faerber v. DG (2006)
“Pursuant to section 733.2121, Florida Statutes (2004), a personal representative must publish notice to creditors of the time to file a claim on an estate in a newspaper in the county where the estate is administered, once a week for two consecutive weeks.”
In re Estate of Loder (2021)
“at 272. See Pope, supra note 16 . 41 Unif. Probate Code, supra note 38, § 3-801, 8 (part II) U.”
Soriano v. Estate of Manes (2015)
“Pursuant to section 733.2121, Florida Statutes (2013), the personal representative is required to promptly (1) publish a notice to creditors once a week for two consecutive weeks in a newspaper published in the county where the estate is administered; (2) make a diligent search…”
In Re Amendments to the Florida Probate Rules (2010)
“§ 733.2121, Fla. Stat. Notice to creditors; filing of claims.”
In Re Amend. to Florida Probate Rules (2008)
“§ 733.2121, Fla. Stat. Notice to creditors; filing of claims.”
David Ceglio, Individually and as a Qualified Beneficiary of the Pauline Therese Mantwill Living Trust, Etc. v. Nancy Wo (2026)
“This notice 3 requirement serves to inform the decedent’s creditors that their claims will be barred if they do not timely file their claims against the estate. Grant v. Kunke, 397 So. 3d 758 , 761 (Fla.”
— 733.2121(1) — 2 cases
Richard and Chernecky v. Richard (2016)
“See § 733.2121(1), Fla. Stat. (2012). Thus, to the extent Karen’s proposed construction of section 733.”
Souder v. Malone (2014)
— 733.2121(2) — 1 case
Richard and Chernecky v. Richard (2016)
“See § 733.2121(1), Fla. Stat. (2012). Thus, to the extent Karen’s proposed construction of section 733.”
— 733.2121(3)(a) — 7 cases
Carol Ann Jones v. Edward I. Goden, etc. (2015)
“§ 733.2121, Fla. Stat. (2006); see also Fla.”
Golden v. Jones (2013)
“Under section 733.2121(3)(a), Florida Statutes (2006), the personal representative of an estate “shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable .”
Miller v. Estate of Baer (2002)
“212 was re-written and section 733.2121, Florida Statutes was added.”
Soriano v. Estate of Manes (2015)
“Pursuant to section 733.2121, Florida Statutes (2013), the personal representative is required to promptly (1) publish a notice to creditors once a week for two consecutive weeks in a newspaper published in the county where the estate is administered; (2) make a diligent search…”
David Ceglio, Individually and as a Qualified Beneficiary of the Pauline Therese Mantwill Living Trust, Etc. v. Nancy Wo (2026)
“This notice 3 requirement serves to inform the decedent’s creditors that their claims will be barred if they do not timely file their claims against the estate. Grant v. Kunke, 397 So. 3d 758 , 761 (Fla.”
— 733.2121(3)(d) — 1 case
In Re Amendments to the Fl. Probate Rules (2007)
“Committee Notes [No Change] Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes. 2003 Revision: Committee notes revised.”
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