Carol Ann Jones, etc. v. Edward I. Golden, etc.

Summary

The Florida Supreme Court held that claims of known or reasonably ascertainable creditors of an estate who were not served with a copy of the notice to creditors are timely if filed within two years of the decedent’s death under section 733.710, Florida Statutes, because the limitations period in section 733.702(1) never begins to run absent service. The court approved the Fourth District’s decision in *Golden*, disapproved conflicting decisions from the First and Second Districts, and emphasized that due process requires actual notice to such creditors before their claims can be barred.

Holdings

1. Claims of known or reasonably ascertainable creditors of an estate who were not served with a copy of the notice to creditors are timely if filed within two years of the decedent's death.

Questions Presented

1. Whether the claim of a known or reasonably ascertainable creditor who is not served with a copy of the notice to creditors is barred under section 733.702(1), Florida Statutes, if not filed within three months after the first publication of the notice to creditors, or whether the claim is timely if filed within two years of the decedent's death under section 733.710, Florida Statutes.

Disposition

approved