How to File a Property Lien Against a Deceased Person Who Owes Me Money in Florida

Two factors complicate the process of placing a lien against property in Florida. First, Florida law does not allow you to place a lien against an individual’s homestead; you can place a lien only against property your debtor does not live in. His death mitigates this factor, because he’s no longer living in the residence. However, you must now deal with the probate court to try to collect your money.

Instructions

1. File a lawsuit against the debtor. You cannot proceed with a lien until the court has awarded you a judgment against him for the money he owes you.

2. Protect your interest in the decedent’s estate by the blocking the sale of his property. If you're placing the lien against his home or other real estate, file a notice of lis pendens with the recorder in the county where the property is located. If the executor of the decedent's estate or an heir attempts to sell the property, a lis pendens puts potential buyers on alert that a lawsuit is pending against it.

3. File a caveat with the probate court, alerting the court that the decedent owed you money. A caveat is a simple written and notarized statement that you have an interest in the estate. The court will send you notice when the decedent’s executor submits his will for probate.

4. Go to the circuit court in the county where the decedent's property is located. Tell the court clerk that you want to file a claim of lien. The clerk will provide you with a form. Complete it, explaining which property of the decedent you want to place the lien against. Submit it to the clerk with a copy of your judgment and a writ of execution, available from the court that issued your judgment.

5. Make a claim against the decedent’s estate for the money he owed you, in addition to placing the lien. Submit a statement of claim to the executor of the decedent's estate. You will know who the executor is because you’ve filed a caveat, so you’ll receive notice when the estate enters probate. You have one month after receiving the notice to make your claim.

Tips & Warnings

• If the decedent owed you money for work you did on his home, confer with an attorney before seeking a judgment. You may be able to get a lien without first getting a judgment.

• After you file a caveat, if you do not receive notice that someone has opened a probate estate for the decedent, Florida law gives you the right to a file a petition to open probate of his estate yourself. As the decedent's creditor, you have an interest in the estate. You can instigate the probate process to attempt to get your money, even if he did not leave a will. This is true whether your lien is against his real estate or personal property. Both become the property of his estate when he dies.

• Your lien does not guarantee that you will receive all the money the decedent owed to you. The lien and your notice of lis pendens simply prevent the executor from selling the decedent’s property without acknowledging his debt to you. His estate must pay all his creditors, whenever possible. If his estate does not have sufficient money to pay everyone, certain obligations, such as taxes, are given first priority. Other creditors share whatever money is left, if any. Your judgment and lien should give you some measure of priority.

References

• Encyclopedia of Everyday Law: Contractors/Liens
• The Law Offices of Adrian Philip Thomas: Lien on Real Estate
• Brewer Long: 10 Things About Creditors’ Claims in Florida Probate
• Okeechobee Clerk of the Circuit Court: How to Collect a Judgment in Florida (PDF)
• Pasco County Clerk and Comptroller: Foreclosures