Florida Statute 733.705
“Payment of and objection to claims”
What it means
After a claim is filed, the personal representative or another interested person may file a written objection by the later of 4 months from first publication of the notice to creditors or 30 days from the timely filing or amendment of the claim. The objector must serve a copy as the Florida Probate Rules provide; failing to serve it is an abandonment of the objection. The court may extend the time for good cause.
A claimant served with an objection has 30 days from service to bring an independent action on the claim (or a declaratory action for an unmatured or contingent claim), unless the personal representative agrees in writing before the period expires to more time or the court extends it for good cause. After that period the claim is barred without court order.
The personal representative pays claims within 1 year of first publication, with more time for claims in litigation, unmatured claims, and contingent claims. No personal representative can be compelled to pay debts until 5 months after first publication. Interest on written obligations follows the obligation; on all other claims it runs from 5 months after first publication.
- Objection deadline: the later of 4 months from first publication or 30 days from the timely filing or amendment of the claim (§ 733.705(2)).
- Failure to serve a copy of the objection is an abandonment of the objection (§ 733.705(2)).
- A claimant has 30 days from service of the objection to sue; the personal representative may agree in writing to more time, or the court may extend it (§ 733.705(5)).
- Claims are paid within 1 year of first publication; no personal representative can be compelled to pay before 5 months (§ 733.705(1)).
- Interest on claims other than written interest-bearing obligations begins 5 months after first publication (§ 733.705(9)).
- For a contingent claim with no accrued cause of action, no discharge order may be entered until the earliest of four events, including 5 years from first publication (§ 733.705(8)).
Text of the statute (2026)
(1) The personal representative shall pay all claims within 1 year from the date of first publication of notice to creditors, provided that the time shall be extended with respect to claims in litigation, unmatured claims, and contingent claims for the period necessary to dispose of those claims pursuant to subsections (5), (6), (7), and (8). The court may extend the time for payment of any claim upon a showing of good cause. No personal representative shall be compelled to pay the debts of the decedent until after the expiration of 5 months from the first publication of notice to creditors. If any person brings an action against a personal representative within the 5 months on any claim to which the personal representative has not filed an objection, the plaintiff shall not receive any costs or attorneys’ fees, nor shall the judgment change the class of the claim for payment under this code.
(2) On or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing or amendment of a claim, whichever occurs later, a personal representative or other interested person may file a written objection to a claim. If an objection is filed, the person filing it shall serve a copy of the objection as provided by the Florida Probate Rules. The failure to serve a copy of the objection constitutes an abandonment of the objection. For good cause, the court may extend the time for filing or serving an objection to any claim. Objection to a claim constitutes an objection to an amendment of that claim unless the objection is withdrawn.
(5) The claimant is limited to a period of 30 days from the date of service of an objection within which to bring an independent action upon the claim, or a declaratory action to establish the validity and amount of an unmatured claim which is not yet due but which is certain to become due in the future, or a declaratory action to establish the validity of a contingent claim upon which no cause of action has accrued on the date of service of an objection and that may or may not become due in the future, unless an extension of this time is agreed to by the personal representative in writing before it expires. (a) For good cause, the court may extend the time for filing an action or proceeding after objection is filed. No action or proceeding on the claim may be brought against the personal representative after the time limited above, and the claim is barred without court order.
(b) If an action or proceeding by the claimant is pending against the decedent at the time of the decedent’s death, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim: 1. A motion complying with all applicable rules of procedure is filed, or a similar procedure is initiated, to substitute the proper party; or 2. An order substituting the proper party is entered.
(8) If no cause of action has accrued on a contingent claim before the time for distribution of an estate, no order of discharge may be entered until the creditor and the personal representative have filed an agreement disposing of the claim or, in the absence of an agreement, until: (a) The court determines that the claim is adequately secured or that it has no value, (b) Three months from the date on which a cause of action accrues upon the claim, provided that no action on the claim is then pending, (c) Five years from the date of first publication of notice to creditors, or (d) The court provides for payment of the claim upon the happening of the contingency by one of the methods described in paragraph (a), paragraph (b), or paragraph (c) of subsection (7), whichever occurs first. No action or proceeding on the claim may be brought against the personal representative after the time limited above, and the claim is barred without court order. If an objection is filed to the claim of any creditor and the creditor brings an action to establish the claim, a judgment establishing the claim shall give it no priority over claims of the same class to which it belongs.
(9) Interest shall be paid by the personal representative on written obligations of the decedent providing for the payment of interest. On all other claims, interest shall be allowed and paid beginning 5 months from the first publication of the notice to creditors.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.705.
History. s. 1, ch. 74-106; s. 86, ch. 75-220; s. 34, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 84-25; s. 1, ch. 86-249; s. 7, ch. 88-340; s. 7, ch. 89-340; s. 2, ch. 91-61; s. 1017, ch. 97-102; s. 149, ch. 2001-226; s. 1, ch. 2022-101.
How it applies
Two periods run after a claim is filed. The objection period is measured from first publication or from the claim's filing or amendment, whichever is later. The claimant's 30-day period to sue is measured from service of the objection (§ 733.705(5)). Where an action was already pending against the decedent at death, the requirement is met if a motion to substitute the proper party is filed, or an order of substitution is entered, within 30 days after the objection is filed (§ 733.705(5)(b)). Arbitration claims have their own 30-day steps in paragraphs (c) and (d).
Where this shows up
Pages on this site where § 733.705 does real work:
- Florida probate timeline 2026: deadlines and steps from death to discharge
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- The charitable pledge
- Claims against the estate
Questions people ask
Sources
- Fla. Stat. § 733.705 (2026), flsenate.gov (Objection and suit deadlines: "within 30 days from the timely filing or amendment of a claim, whichever occurs later" and 30 days from service of an objection to sue.)
- Fla. Stat. § 733.702 (2026), flsenate.gov (Claim-filing deadline that the objection period in § 733.705(2) builds on.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.