It is up to the personal representative to act in good faith in determining the names of all creditors and to serve a copy of the notice upon them. If a creditor has already filed a claim or their claim had been paid in full by the estate, then the notice provision is waived. A personal representative of a Miami estate cannot be held individually liable for failing to provide the notice. The liability is asserted against the estate.
When a decedent is 55 years age or older at the time of death, the personal representative is also required to send a notice and a copy of the death certificate to the Agency for Health Care Administration within 3 months after the first publication date of the notice, unless the agency already filed a claim against the estate.
It is up to the personal representative to review all claims filed against the estate and to either approve or disapprove them within the prescribed statutory time period. Typically, a personal representative will hire a Miami probate and estate attorney to help guide the representative through the Florida probate process.
If you are personal representative who needs help of a Miami estate attorney with reviewing a creditor’s claim, call the Law Offices of Albert Gurevich at (786) 522-1411.