How to Object to a Creditor Claim in Florida Probate

Objecting to a creditor claim in Florida probate is a 30-day procedure with high leverage. Under section 733.705, Florida Statutes, the personal representative or any interested person files a written objection on a claim within 30 days of the claim’s timely filing. The creditor then has 30 days to file an independent action to enforce the claim. If they don’t — the claim is permanently barred. In J & S Installation Specialist, Inc. v. Mabry, 857 So. 2d 346 (Fla. 2d DCA 2003), the Second District held that even when the creditor’s independent action is later dismissed for lack of prosecution, the dismissal extinguishes the claim forever. The creditor cannot try again.

That sequence — file the objection, watch the clock, force the creditor’s next move — is one of the highest-leverage tools in Florida probate practice.

Who Has Standing to Object

Florida grants standing to:

• The personal representative of the estate
• Any interested person — typically a beneficiary, heir, or other creditor whose recovery shrinks if the contested claim is paid

Most objections come from the personal representative because that person controls the estate’s checkbook. Beneficiaries can and do file their own objections when the personal representative declines to act.

When an Objection Is Worth Filing

The most productive grounds:

• The debt isn’t owed. Already paid, charged off, fraudulent, or based on an obligation the decedent never assumed.
• The amount is overstated. Late fees not authorized by the underlying contract, double-counted interest, padded charges, post-death interest improperly added.
• The statute of limitations expired before the decedent died. A claim that was already time-barred under non-probate law cannot be revived by filing a probate Statement of Claim.
• The Statement of Claim is procedurally defective under § 733.703 and Florida Probate Rule 5.490 — missing the basis of the claim, the amount, the date due, or proper signatures.
• The claim was filed late without an extension under § 733.702.
• The claimant lacks standing. Common with debt buyers who can’t document the chain of assignment from the original creditor.

The creditor claims deadline determines whether timeliness alone is sufficient grounds.

Statement of Claim Requirements Under § 733.703

A valid Statement of Claim must contain:

• The basis of the claim (contract, judgment, tort, etc.)
• The amount claimed
• The name and address of the creditor
• The security, if any
• Whether the claim is currently due, contingent, or unliquidated
• The estimated amount if contingent or unliquidated

A claim missing any of these elements is vulnerable to objection on procedural grounds alone — independent of whether the underlying debt is real.

The Six-Step Objection Procedure

Step 1: Verify the Statement of Claim Is Properly Filed

Compare what was filed against the section 733.703 checklist above. Anything missing is a legitimate ground for objection. Save a copy of the claim as filed; do not rely on what the creditor says was filed.

Step 2: Confirm the Claim Was Timely

Under section 733.702, most creditors must file within three months of the first publication of the Notice to Creditors. Known and reasonably ascertainable creditors get 30 days from personal service — which can be later than the three-month publication window. The Florida Supreme Court and DCAs have repeatedly held these deadlines mean what they say.

Step 3: Draft the Written Objection

The objection identifies the claim being challenged, states the basis, and is filed in the probate court file. Florida law does not require a specific form, but cleaner drafting limits the creditor’s room to dispute later. The objection should:

• Identify the Statement of Claim being objected to (date, amount, claimant)
• State the grounds (timeliness, defect, lack of validity)
• Be signed by the personal representative or attorney
• Include a certificate of service

Step 4: File and Serve Within 30 Days

Section 733.705(2) sets the 30-day window from the claim’s filing date — not from when the personal representative discovered the claim. The objection must be served on the claimant by certified mail or another permitted method, and on any other interested persons. Failure to serve properly is the most common reason objections fail.

Step 5: Wait for the Creditor’s Independent Action — or Negotiate a Stipulation

The creditor has 30 days from service of the objection to file a separate civil action to enforce the claim. If they don’t, the claim is barred and unpayable from estate assets.

A useful tactical move: the personal representative and the claimant can sign a joint stipulation to freeze the 30-day window. This is commonly used when the personal representative needs more time to gather assets or to wait for the creditor period to fully close. A stipulation preserves the objection while giving both sides time to settle without a forced filing.

Step 6: Litigate or Settle the Independent Action

If the creditor sues, the case proceeds like any civil action — discovery, motions, settlement negotiations, trial if necessary. Most independent actions settle once the creditor sees the estate is willing to fight back rather than pay. J & S Installation shows the worst-case scenario for a creditor: file the action, fail to prosecute it, and lose the claim entirely.

What If the 30-Day Window Is Missed

A claim not objected to within 30 days is deemed allowed under § 733.705 and must be paid by the personal representative in the order of priority established by § 733.707. The personal representative cannot later challenge a deemed-allowed claim. Florida courts grant extensions only for good cause shown — and the showing required is real. The reliable strategy is to docket every claim’s filing date the moment the claim is served and review every claim with probate counsel immediately, before the clock runs.

Tactical Questions That Come Up Frequently

Can a partial objection be filed? Yes. Objecting to $7,000 of a $12,000 claim is routine — common with overstated medical bills or padded judgments. The objection identifies the disputed portion; the unobjected portion is deemed allowed.

What if the personal representative refuses to object to a clearly invalid claim? A beneficiary or other interested person can file the objection directly. This often forces the personal representative’s hand.

Can a barred claim ever be revived? No. Once the creditor’s 30-day window for the independent action passes, or the action is dismissed (as in J & S Installation), the claim is dead. Section 733.710 also imposes a hard two-year statute of repose that bars all claims regardless of notice.

Can the creditor pursue heirs or beneficiaries directly? Generally no. Creditors of a Florida estate must look to the estate. Narrow exceptions apply for co-signed debts, joint accounts, and assets distributed before higher-priority claims were satisfied.

Can the creditor file a new lawsuit in another state? Generally, no — the bar applies to the claim, not just the Florida proceeding. A creditor whose claim is barred in Florida probate cannot get a second bite by suing in another forum.

The 30-Day Clock Is the Most Important Date in Probate

Objections that fail tend to fail for procedural reasons — wrong service, missed deadlines, vague drafting — not because the underlying claim was actually valid. Vollrath Law’s probate team handles creditor claim objections across Seminole and surrounding counties. If a Statement of Claim has just landed in your file, contact us before that 30-day clock runs out.