Florida Statutes § 733.710

Limitations on claims against estates

2026 Florida Statutes.

Amended 2026 Florida StatutesSee what changed

Watch Matt Weidner explain this section1 video · 1 article from Weidner LawJump to commentary ▾
  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.
  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.
  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.

History

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.

Commentary from Matt Weidner

Probate attorney, Weidner Law, St. Petersburg. Videos open in a player; articles open on WeidnerLaw.com.

Florida Probate Has Hard Deadlines for Creditors — Miss the Deadline and Your Claim Is Gone

Florida Statute § 733.710 imposes an absolute 2-year bar on all creditor claims against a Florida estate — regardless of whether the creditor received notice. This is the ultimate deadline. Attorney Weidner explains how the § 733.710 absolute bar works alongside the 30-day service-based deadline under § 733.702.