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Chapter 733 — Administration of Estates

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.

— What it says
  • 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)

§ 733.710(1)
(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.
§ 733.710(2)
(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.
§ 733.710(3)
(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.

— In a Florida probate

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.

Questions people ask

Are a decedent's debts barred 2 years after death in Florida?
Under Florida Statute 733.710(1), 2 years after death neither the estate, the personal representative, nor the beneficiaries are liable for claims against the decedent, whether or not letters of administration were issued. Exceptions are a claim timely filed under § 733.702 and not yet paid or disposed of, and the liens of recorded mortgages, security interests, and persons in possession of personal property (§ 733.710(2)-(3)).

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 733.710

Published by the Probate.Help editorial team.How these pages are written and checked.

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