Creditor Claim Period in Florida Probate: When the Proceeds From a Port St. Lucie Home Sale Can Be Paid Out
You sold Mom’s house in Port St. Lucie, or you are about to, and the family wants to know when the money arrives. The answer depends on the creditor claim period Florida probate law sets, on any claims that get filed, and on the estate’s bills. This guide walks through each clock in order.
This guide explains how the real estate side of probate usually works in Florida. It is not legal or tax advice. Every estate is different, so confirm your next step with a Florida probate attorney and, for taxes, a CPA.
The Short Answer
Money from a probate home sale usually goes into the estate account at closing, not to the heirs. In Florida, creditors have 3 months from the first published notice to file claims. The personal representative then resolves claims, pays expenses in the legal order and distributes what remains, often after a court-reviewed final accounting.
- Claims are due by the later of 3 months after first publication of the notice to creditors or 30 days after service (Florida Statutes, section 733.702).
- The notice runs once a week for 2 consecutive weeks (Florida Statutes, section 733.2121).
- The personal representative has 4 months from first publication to object to a claim (Florida Statutes, section 733.705).
- Two years after death, claims not already filed are barred; recorded mortgages and liens are not affected (Florida Statutes, section 733.710).
- Estate debts are paid in 8 ranked classes, administration costs first (Florida Statutes, section 733.707).
In this guide
- When can heirs get the money from a probate house sale?
- What is the creditor claim period Florida probate law sets?
- Can the house be sold before the creditor period ends?
- How is the notice to creditors published and served?
- What happens after a creditor files a claim?
- In what order are estate debts paid?
- Can creditors reach Mom’s house if it was her homestead?
- What gets paid at closing before the estate gets the money?
- Can heirs receive a partial distribution early?
- What is different for an estate in Port St. Lucie or Stuart?
- What does a typical timeline look like?
- Frequently asked questions
When can heirs get the money from a probate house sale?
I am sorry for your loss. If you are the one holding the paperwork, here is the honest version.
The heirs are not paid at the closing table. When a personal representative sells a house that belongs to the estate, the title company wires the net proceeds to the estate’s bank account. The money waits there.
A personal representative is the person the court appoints to manage the estate, pay its debts and hand out what is left. The court paper that proves it is called Letters of Administration.
Before the money can safely go to the heirs, four things usually happen. The creditor window closes. Filed claims are paid, settled or defeated. Estate costs and taxes are paid or set aside. Then the personal representative files a final accounting with a plan of distribution, and the heirs get a chance to object.
None of that depends on the house. When the house can be sold is a separate question, covered in our guide on when a personal representative needs court approval to sell.
What is the creditor claim period Florida probate law sets?
The creditor claim period is the window in which anyone the person owed money to must file a written claim in the probate case. Under the creditor claim period Florida probate law sets, the deadline is the later of 3 months after the first publication of the notice to creditors, or 30 days after the notice was served on a creditor who had to be served (Florida Statutes, section 733.702).
The clock starts when the notice is first published, not on the date of death. If the family opens the estate four months after the death, the window ends about seven months after the death.
A late claim is barred even if nobody objects. The court can extend the time only for fraud, estoppel or insufficient notice of the claims period (section 733.702(3)).
The two-year outside limit
Two years after death, the estate, the personal representative and the beneficiaries are not liable on claims, unless a claim was already filed and is still open (Florida Statutes, section 733.710).
Many families hear that creditors always have two years, so nobody can be paid for two years. The statute does not say that. Once the notice is published, the 3-month window applies. The two-year limit mainly matters when no notice was published or a known creditor was never served.
What the claim period does not cover
The claims rule does not stop anyone from enforcing a mortgage, security interest or other lien on the property (section 733.702(4)). A mortgage, a recorded code lien or an association lien follows the house, not the probate file.
Can the house be sold before the creditor period ends?
In many estates, yes. The creditor window controls when money can be paid out. By itself, it does not stop a sale.
Authority to sell comes from the will or the court. With a power of sale in the will, the personal representative may sell real property without a court order (Florida Statutes, section 733.613(2)). Without one, title does not pass until the court authorizes or confirms the sale (section 733.613(1)). Protected homestead follows other rules, explained in our guide on how Florida homestead works in probate.
Some families sell during the creditor window because an empty house keeps costing money: insurance, utilities, lawn care, dues and taxes. Cash in an estate account needs no roof.
Others wait because the heirs disagree, the order is not signed, or a large claim is pending. That is a legal judgment for the attorney.
On the real estate side, a listing agent in a probate sale usually uses the waiting time well. The pricing analysis, repair list, photos and disclosure questions can be ready before the order is signed. For the full local calendar, see the St. Lucie County court timeline from petition to closing.
How is the notice to creditors published and served?
A notice to creditors is the formal announcement that tells anyone with a claim where and by when to file it. The attorney usually prepares it soon after the court issues Letters of Administration.
Publication
The notice is published once a week for 2 consecutive weeks in a newspaper published in the county where the estate is administered (Florida Statutes, section 733.2121(2)). Florida’s legal notice law also allows publication on a publicly accessible website under its own rules (Florida Statutes, section 50.011). Ask the attorney for the first publication date. It starts the 3-month window.
Service on known creditors
The personal representative must make a diligent search for reasonably ascertainable creditors and promptly serve them a copy of the notice (section 733.2121(3)(a)). Impracticable and extended searches are not required.
Bring the mail that keeps arriving at the house to the attorney: card statements, medical bills, loan notices. A creditor served late gets 30 days from service, which can push the deadline past 3 months.
Medicaid and the Agency for Health Care Administration
If the person who died was 55 or older, the personal representative must serve the notice and a copy of the death certificate on the Agency for Health Care Administration within 3 months after first publication, unless the agency already filed a claim (section 733.2121(3)(d)).
Under the Medicaid Estate Recovery Act, Medicaid paid after age 55 can become a claim against the estate (Florida Statutes, section 409.9101). The debt is not enforced against property exempt from creditors, or when a spouse, a child under 21, or a blind or permanently and totally disabled child survives. If a parent received Medicaid in a nursing home, tell the attorney early.
What happens after a creditor files a claim?
A filed claim is not a bill that must be paid as written. It starts a second set of deadlines in Florida Statutes, section 733.705.
Review
The attorney checks whether the claim is real, on time and correctly priced. Duplicate bills and charges insurance already paid are common.
Objection within 4 months
The personal representative may object on or before 4 months after first publication, or 30 days after a timely filed or amended claim, if later. The court may extend this for good cause.
The creditor has 30 days to sue
After an objection is served, the claimant has 30 days to file an independent action. Otherwise the claim is barred without a court order.
Payment within 1 year
Claims are to be paid within 1 year of first publication. The personal representative cannot be compelled to pay before 5 months after first publication. Disputed, unmatured and contingent claims can take longer.
For the sale money, this means a quiet estate with no claims can often move toward distribution after the objection window. A disputed claim can keep part of the money in reserve until the dispute ends. Paying a weak claim just to finish faster reduces every heir’s share, so that choice belongs to the personal representative and the attorney.
In what order are estate debts paid?
If the estate cannot pay everyone in full, each class is paid before the next gets anything (Florida Statutes, section 733.707(1)).
| Class | What it covers |
|---|---|
| 1 | Costs and expenses of administration, personal representative compensation and attorney fees |
| 2 | Reasonable funeral, interment and grave marker expenses, up to $6,000 in total |
| 3 | Debts and taxes with preference under federal law, Medicaid recovery claims and certain state claims for court costs and fines |
| 4 | Reasonable medical and hospital expenses of the last 60 days of the last illness |
| 5 | Family allowance |
| 6 | Arrearage from court-ordered child support |
| 7 | Debts from continuing the person’s business, limited to that business’s assets |
| 8 | All other claims, including credit cards, personal loans and judgments |
Two things surprise families. The mortgage is not on this list, because it is a lien paid from the sale price at closing. And credit card companies sit in the last class. If the estate runs short, they may get part of their claim or nothing. Heirs are not personally liable for those debts just because they are heirs, but ask the attorney about co-signed or joint accounts.
Class 1 matters for the house. Insurance, repairs before listing and closing costs are generally treated as costs of administration. Keep every receipt, including ones a relative paid out of pocket. Our executor roadmap for Treasure Coast estate homes has a checklist for tracking them.
Can creditors reach Mom’s house if it was her homestead?
Usually not through the claims process. Under the Florida Constitution, homestead is exempt from forced sale for the owner’s debts, and the exemption passes to the surviving spouse or heirs (Florida Constitution, Article X, Section 4). It does not cover property taxes, the purchase-money mortgage, or obligations for improvement, repair or labor on the property.
Protected homestead is the probate term for a home that keeps that protection after death. It is not an asset the personal representative controls for paying creditors (Florida Statutes, section 733.608(1)). The Medicaid recovery statute also leaves exempt property alone.
Three cautions
- Liens still get paid. A recorded mortgage or reverse mortgage stays on the house. See our guide on what heirs must do after a reverse mortgage borrower dies.
- Preservation costs can become a lien. What the personal representative spends to preserve, insure and protect an unoccupied homestead becomes a lien on it (section 733.608(7)).
- Not every parent’s home is protected. A rental, a second home or a home left by will in certain ways may be treated as an estate asset. Only the attorney and the court can decide.
If the heirs sell a protected homestead, the money may not need to wait in the estate account for creditors. How those proceeds are handled is settled by the attorney and the title agent before closing. Ask early, because the answer changes the closing statement and the wire instructions.
What gets paid at closing before the estate gets the money?
The closing statement settles everything attached to the property first, without waiting for the creditor period.
- Mortgage or reverse mortgage payoff, from a written payoff letter.
- Recorded liens, such as code enforcement or association liens, so the buyer gets clear title.
- Property taxes, usually prorated between seller and buyer, plus any unpaid prior years.
- Documentary stamp tax on the deed, 70 cents per $100 of the price (Florida Statutes, section 201.02(1)(a)). On a $300,000 sale, that is $2,100.
- Association balances, shown on the estoppel certificate. See how a Florida estoppel certificate works.
- Commission and title charges. Commissions are negotiable and set in the listing agreement.
What remains is the net proceeds. Our page on how seller net proceeds are figured shows how that number is built.
Where the wire goes
When the personal representative sells, the seller is the estate. The net proceeds are usually wired to the estate account, not to an heir and not to anyone’s personal account. The title agent typically asks for certified Letters of Administration and, if there is no power of sale, the court order. Ask the title company for its list early.
A listing agent in a probate sale usually sends the attorney the draft closing statement several days before closing. The attorney checks the payee lines and account details. That one step prevents most last-minute wire problems.
Can heirs receive a partial distribution early?
Sometimes. A partial distribution is a payment of part of an heir’s share before the estate closes. Families ask for one when the creditor window has passed and the sale money is sitting in the estate account.
A beneficiary cannot force a payout before final distribution unless the property will not be needed for debts, taxes, claims or expenses (Florida Statutes, section 733.802). If a partial distribution is ordered while the estate is open, the court can require the person receiving it to post a bond.
Money paid out too early can be pulled back. A person who received an improper distribution must return it or its value, plus income or interest (Florida Statutes, section 733.812). Asking a sister in Ohio to send money back a year later is a hard call to make. That is why many personal representatives keep a reserve for final fees, last tax filings and any disputed claim. The size of the reserve is the attorney’s call.
Questions to ask the attorney
- Has the window closed for every served creditor, not just the published deadline?
- Are any claims still open or in a lawsuit?
- What reserve do you recommend, and will the heirs sign receipts?
- Does the court need to approve a partial distribution in our case?
What is different for an estate in Port St. Lucie or Stuart?
The creditor rules are statewide. What changes locally is the court, where the notice runs and which liens show up on the title search.
Which county’s court handles the estate
The estate is opened in the county where the person was domiciled, meaning their permanent home (Florida Statutes, section 733.101). The house’s location does not decide it. If Dad lived in Stuart and also owned a rental in Port St. Lucie, the case usually belongs in Martin County, and the notice is published there.
St. Lucie and Martin counties both sit in the 19th Judicial Circuit, each with its own Clerk of the Circuit Court. For a St. Lucie County case, check the probate page of the St. Lucie County Clerk of the Circuit Court for current filing steps and fees, or ask the attorney’s office. The Martin County Clerk’s Probate and Guardianship division lists a probate line of 772-288-5539 (Martin County Clerk, Probate and Guardianship).
Fees differ slightly too. Florida sets the clerk’s base fee for formal administration at $395 plus a $4 service charge (Florida Statutes, section 28.2401). The Martin County Clerk’s posted list shows $400 (Martin County Clerk fee list).
Local liens that show up at closing
In Port St. Lucie, an empty house can draw code complaints for grass over 12 inches or an unsecured pool (City of Port St. Lucie, Common Residential Code Violations). A violation that becomes a recorded lien is paid at closing, outside the claims process.
In Tradition and other master-planned Port St. Lucie communities, the house may carry association dues and community development district assessments. District assessments are commonly collected on the property tax bill, and dues are confirmed by estoppel. Both are settled on the closing statement whether or not anyone files a claim. For a Martin County case, see our guide to probate in Martin County, Florida.
What does a typical timeline look like?
This table counts from the first publication of the notice to creditors. It is a map, not a promise: a contested claim, a missing heir or a homestead hearing can stretch any step.
| When | Court and creditor clock | Real estate side |
|---|---|---|
| Before publication | Petition filed; Letters of Administration issued | Pricing analysis, pre-listing plan, house secured and insured |
| Day 0 | Notice first published; known creditors served | Listing can start once the personal representative has authority |
| 3 months | Filing deadline on the published notice; AHCA service due if the person was 55 or older | Closing may happen; proceeds go to the estate account |
| 30 days after service | Deadline for each served creditor, if later | Proceeds held |
| 4 months | Objection deadline for timely claims | Proceeds held |
| 5 months | Earliest date payment of claims can be compelled | Partial distribution may be discussed |
| 12 months | Claims due to be paid unless extended | Reserve held for final costs |
| Closing the estate | Final accounting and petition for discharge, on the schedule the attorney confirms under the Florida Probate Rules; heirs may object within 30 days after service (Rule 5.401(a), per a 12th Judicial Circuit discharge checklist) | Final distribution; then discharge of the personal representative (section 733.901) |
| 2 years after death | Outside limit for claims not filed | Mostly relevant when notice was never published |
A closing-to-payout checklist
- Write down the first publication date and the date each known creditor was served.
- Ask the attorney which of those deadlines is the latest. That is your real creditor claim period Florida probate deadline.
- Send the draft closing statement to the attorney so the payee is the estate account.
- Keep the final closing statement and every carrying-cost receipt for the final accounting.
- Ask the CPA whether interest on the estate account means an estate income tax return is needed.
For the bigger picture, read how probate home sales work in Florida. Jeannie works in English and Spanish, so a relative more comfortable in Spanish can follow every step of the sale.
What Clients Say About Working With Jeannie Jacobson
“She showed the utmost integrity and compassion throughout an emotional sale. Jeannie has exceptional experience, knowledge, and patience. She is very communicative, honest, and realistic, but she also listens and is willing to put in the effort and work for what YOU want!”
Tonia Rossano, 31 May 2025, Google review
Frequently Asked Questions
A creditor must file by the later of 3 months after the first publication of the notice to creditors or 30 days after being served, if the creditor had to be served. Late claims are barred unless the court extends the time for fraud, estoppel or insufficient notice. Two years after death is the outside limit for claims not already filed.
Usually not. The title company pays the mortgage, liens, taxes and closing costs, then wires the net proceeds to the estate account. The money stays there until claims, expenses and taxes are handled. Protected homestead sold by the heirs can be handled differently, so ask the attorney and the title agent before closing.
In many estates, yes. The creditor period controls when money is paid out, not whether the house can be sold. The personal representative needs authority to sell, from a power of sale in the will or a court order. Some attorneys prefer to wait if a large claim is pending, which is a legal decision.
It can. Medicaid paid after age 55 can become a claim against the estate. The debt is not enforced against property exempt from creditors, such as protected homestead, or when a spouse, a child under 21, or a blind or disabled child survives. Heirs may ask for a hardship waiver. Ask the probate attorney how it applies.
Credit card debt is usually a claim against the estate, not a personal debt of the heirs. It ranks in the last class of payment. If the estate runs short after higher classes are paid, the card company may receive part of its claim or nothing. Co-signers and joint account holders are a different case, so confirm with the attorney.
A person who receives an improper distribution must return the property or its value, plus income or interest. That is why personal representatives usually wait for the creditor window to close and keep a reserve for fees, taxes and disputed claims. The court can also require a bond before a partial distribution.
Start With a Clear Number for the Estate
The creditor window, the claims and the court are the attorney’s work. The house is where Jeannie can help, with a written pricing analysis, a pre-listing plan and steady coordination with the attorney and title company. Families in Port St. Lucie, Stuart and across the Treasure Coast can start with a free review of the home’s value.
Get a Free Estate Home Value Review
Jeannie Jacobson, REALTOR®, RE/MAX Gold, (772) 877-0268, English and Spanish
Sources
- Florida Statutes, section 733.702, Limitations on presentation of claims, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.702.html (accessed October 2026)
- Florida Statutes, section 733.2121, Notice to creditors; filing of claims, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.2121.html (accessed October 2026)
- Florida Statutes, section 733.705, Payment of and objection to claims, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.705.html (accessed October 2026)
- Florida Statutes, section 733.707, Order of payment of expenses and obligations, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.707.html (accessed October 2026)
- Florida Statutes, section 733.710, Limitations on claims against estates, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.710.html (accessed October 2026)
- Florida Statutes, section 733.802, Proceedings for compulsory payment of devises or distributive interest, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.802.html (accessed October 2026)
- Florida Statutes, section 733.812, Improper distribution or payment; liability of distributee or payee, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.812.html (accessed October 2026)
- Florida Statutes, section 733.901, Final discharge, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.901.html (accessed October 2026)
- Florida Statutes, section 733.101, Venue of probate proceedings, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.101.html (accessed October 2026)
- Florida Statutes, section 733.608, General power of the personal representative, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.608.html (accessed October 2026)
- Florida Statutes, section 733.613, Personal representative’s right to sell real property, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.613.html (accessed October 2026)
- Florida Statutes, section 409.9101, Recovery for payments made on behalf of Medicaid-eligible persons, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.9101.html (accessed October 2026)
- Florida Statutes, section 50.011, Publication of legal notices, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0050/Sections/0050.011.html (accessed October 2026)
- Florida Statutes, section 28.2401, Service charges in probate and guardianship matters, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0028/Sections/0028.2401.html (accessed October 2026)
- Florida Statutes, section 201.02, Tax on deeds and other instruments relating to real property, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0201/Sections/0201.02.html (accessed October 2026)
- Florida Constitution, Article X, Section 4, Homestead; exemptions, Florida Senate, https://www.flsenate.gov/Laws/Constitution (accessed October 2026)
- Probate and Guardianship, Martin County Clerk of the Circuit Court and Comptroller, https://www.martinclerk.com/199/Probate-Guardianship (accessed October 2026)
- Probate, Guardianship and Trust fees, Martin County Clerk of the Circuit Court and Comptroller, https://www.martinclerk.com/229/Probate-Guardianship-Trust (accessed October 2026)
- Checklist: Petition for Discharge and Closing Estate (citing Florida Probate Rule 5.401(a) and (d)), Twelfth Judicial Circuit of Florida, South County Probate Division, https://www.jud12.flcourts.org/Portals/0/Documents/Divisions/Probate/Forms/ruhl-checklist-discharge.pdf (accessed October 2026)
- Common Residential Code Violations, City of Port St. Lucie, https://www.cityofpsl.com/Government/Your-City-Government/Departments/Neighborhood-Services/Code-Compliance/Common-Residential-Code-Violations (accessed October 2026)