Fort Lauderdale, FL asked in Probate for Florida

Q: How do you find out a deceased persons debt

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2 Lawyer Answers
Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Typically the personal representative (PR) or the heirs have access to the deceased person's records, or if they do not, upon appointment, the PR can change the deceased person's address at the post office to receive their mail. In formal administration, notice to creditors is published in the newspaper to notify all unknown creditors that an estate proceeding has been opened. The PR also has a duty to notify known creditors, which is something our office asks our clients to provide a list of known creditors, and then we serve them with actual notice around day 60, so that they then have 30 days to file a claim. If all known creditors are served with notice but some do not file claims, then they do not get paid. Also in summary administration, the heirs can publish notice after the orders are signed, which also shortens the claims period against the heirs to 90 days. You should work with the attorney for the estate to make sure that you satisfying the diligent search requirement to search and give notice to creditors.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Usually, when you file probate you also do a notice to creditors in the paper, the creditors will come to you through the court process for probate through this notice. You will also want to check the mail of the deceased, all of the bills and collections usually show up there relatively soon.

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