How long after death can medical bills be presented to an executor?

Asked on February 28, 2013 under Estate Planning, Florida


Catherine Blackburn / Blackburn Law Firm

Answered 7 years ago | Contributor

This depends on the circumstances of the estate.  If no estate has been established (i.e., no petition for administration has been filed in Probate court), Florida applies a 2 year statute of limitations.  After 2 years, creditors may not file a claim.  If the Probate Court has opened administration of the estate and issued Letters of Authority to a Personal Representative, creditors generally have 90 days from first publication of the Notice of Administration or 30 days from receiving a Notice to Creditors, whichever is later, to file a claim.  However, the Personal Representative is charged with responsibility to identify possible creditors and send them a Notice to Creditors.  If the Personal Representative fulfills his or her responsibility, the 90 day claim period will hold.

I hope this answers your question.

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