Florida Statute 733.702
“Limitations on presentation of claims”
What it means
A claim against a decedent's estate that arose before death is not binding on the estate, the personal representative, or any beneficiary unless it is filed in the probate proceeding by the later of 3 months after first publication of the notice to creditors or, for a creditor who must be served with the notice, 30 days after service. The rule covers claims of the state, unmatured, contingent, or unliquidated claims, funeral and burial claims, and damages claims, including claims founded on fraud. Payment of part of a claim by the personal representative does not change the deadline.
A claim not timely filed is barred even if no one objects, unless the court extends the time. An extension is available only on grounds of fraud, estoppel, or insufficient notice of the claims period. If the personal representative or another interested person serves a notice to file a petition for extension, the creditor has 30 days from service to file it.
The section does not stop a proceeding to enforce a mortgage, security interest, or other lien; a proceeding to establish liability within casualty insurance limits; or a cross-claim or counterclaim in an action the estate started. It does not extend the limit in § 733.710.
- Deadline: the later of 3 months after first publication of the notice to creditors or 30 days after service on a creditor who must be served (§ 733.702(1)).
- Covers claims that arose before death, including unmatured, contingent, or unliquidated claims, claims of the state, and funeral or burial claims (§ 733.702(1)).
- A claim not timely filed is barred even if no objection is filed, unless the court extends the time (§ 733.702(3)).
- Extension grounds are limited to fraud, estoppel, or insufficient notice of the claims period; after a notice to file a petition, the creditor has 30 days (§ 733.702(3)).
- Not affected: lien enforcement, liability proceedings to casualty insurance limits only, and cross-claims or counterclaims (§ 733.702(4)).
- Nothing in the section extends the 2-year limit in § 733.710 (§ 733.702(5)).
Text of the statute (2026)
(1) If not barred by s. 733.710, no claim or demand against the decedent’s estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, even if the claims are unmatured, contingent, or unliquidated; no claim for funeral or burial expenses; no claim for personal property in the possession of the personal representative; and no claim for damages, including, but not limited to, an action founded on fraud or another wrongful act or omission of the decedent, is binding on the estate, on the personal representative, or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor, even though the personal representative has recognized the claim or demand by paying a part of it or interest on it or otherwise. The personal representative may settle in full any claim without the necessity of the claim being filed when the settlement has been approved by the interested persons.
(3) Any claim not timely filed as provided in this section is barred even though no objection to the claim is filed unless the court extends the time in which the claim may be filed. An extension may be granted only upon grounds of fraud, estoppel, or insufficient notice of the claims period. No independent action or declaratory action may be brought upon a claim which was not timely filed unless an extension has been granted by the court. If the personal representative or any other interested person serves on the creditor a notice to file a petition for an extension, the creditor shall be limited to a period of 30 days from the date of service of the notice in which to file a petition for extension.
(4) Nothing in this section affects or prevents: (a) A proceeding to enforce any mortgage, security interest, or other lien on property of the decedent. (b) To the limits of casualty insurance protection only, any proceeding to establish liability that is protected by the casualty insurance. (c) The filing of a cross-claim or counterclaim against the estate in an action instituted by the estate; however, no recovery on a cross-claim or counterclaim shall exceed the estate’s recovery in that action.
(5) Nothing in this section shall extend the limitations period set forth in s. 733.710.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.702.
History. s. 1, ch. 74-106; s. 84, ch. 75-220; s. 2, ch. 80-127; s. 4, ch. 81-27; s. 160, ch. 83-216; s. 5, ch. 84-106; s. 4, ch. 85-79; s. 6, ch. 88-340; s. 5, ch. 89-340; s. 4, ch. 90-23; s. 1016, ch. 97-102; s. 146, ch. 2001-226; s. 6, ch. 2002-82; s. 26, ch. 2006-312; s. 21, ch. 2010-4.
How it applies
The deadline runs from first publication of the notice to creditors, so the publication date is the starting fact for a creditor or a personal representative. The service date matters only for a creditor the personal representative must serve. A claim filed after the deadline can proceed only if the court extends the time on one of the three statutory grounds, and no independent action may be brought on it without an extension. A timely claim is still subject to the objection process in § 733.705. Section 733.710 bars claims 2 years after death, subject to the exceptions in § 733.710(2)-(3).
Where this shows up
Pages on this site where § 733.702 does real work:
- What to do in the first 72 hours after a death in Florida
- Do I need probate in Florida? Which assets and estates skip it
- Florida probate timeline 2026: deadlines and steps from death to discharge
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- Selling an inherited Florida home: who can sign, probate steps, mortgage and taxes
- Ancillary probate in Florida: when it is needed, who can serve, steps and alternatives
- Probate vs trust administration in Florida: differences, steps and deadlines
- Trust administration after death in Florida: successor trustee duties, notices and deadlines
- Aaron Hernandez
Questions people ask
Sources
- Fla. Stat. § 733.702 (2026), flsenate.gov (Filing deadline: "on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors" or 30 days after service.)
- Fla. Stat. § 733.710 (2026), flsenate.gov (The 2-year limit that § 733.702(5) says the section does not extend.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.