Florida Statute 733.710
“Limitations on claims against estates”
What it means
Notwithstanding any other provision of the code, 2 years after a person's death, neither the decedent's estate, the personal representative, if any, nor the beneficiaries are liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as the section provides.
The section does not apply to a creditor who filed a claim under § 733.702 within 2 years after death and whose claim has not been paid or otherwise disposed of under § 733.705. It also does not affect the lien of a duly recorded mortgage or security interest or the lien of a person in possession of personal property, or the right to foreclose and enforce the mortgage or lien.
- The period is 2 years after the death of the person (§ 733.710(1)).
- It protects the estate, the personal representative, and the beneficiaries (§ 733.710(1)).
- It applies whether or not letters of administration have been issued (§ 733.710(1)).
- Exception: a creditor who filed a claim under § 733.702 within the 2 years, if the claim has not been paid or otherwise disposed of under § 733.705 (§ 733.710(2)).
- Exception: the lien of a duly recorded mortgage or security interest, or of a person in possession of personal property, and the right to foreclose it (§ 733.710(3)).
- Nothing in § 733.702 extends this limit (§ 733.702(5)).
Text of the statute (2026)
(1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section.
(2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705.
(3) This section shall not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.710.
History. s. 1, ch. 74-106; s. 50, ch. 75-220; s. 36, ch. 77-87; s. 9, ch. 89-340; s. 152, ch. 2001-226.
How it applies
The 2-year period is counted from the date of death. It is separate from the creditor deadline in § 733.702, which is counted from first publication of the notice to creditors. A claim filed in the probate proceeding within the 2 years stays outside the bar until it is paid or disposed of under § 733.705. Under § 733.702(2), no cause of action survives the death of the person against whom it may be made unless a claim is filed within the periods in that part, whether or not an action is pending at death. Recorded mortgages and security interests remain enforceable against the property.
Where this shows up
Pages on this site where § 733.710 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
- 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
- Disposition without administration in Florida under § 735.301: who qualifies, limits and filing steps
- Trust administration after death in Florida: successor trustee duties, notices and deadlines
- Summary Administration
Questions people ask
Sources
- Fla. Stat. § 733.710 (2026), flsenate.gov (2-year limit in subsection (1) and the exceptions in (2) and (3).)
- Fla. Stat. § 733.702 (2026), flsenate.gov (Subsection (2): no cause of action survives death unless a claim is filed; subsection (5): nothing extends § 733.710.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.