Supreme Court of Florida

Carol Ann Jones v. Edward I. Golden

October 1, 201540 Fla. L. Weekly Supp. 517

Summary

The Florida Supreme Court held that a known or reasonably ascertainable creditor who never receives a copy of the notice to creditors is not subject to the three‑month filing period of §733.702(1); such a claim is timely only if filed within two years of the decedent’s death under §733.710. The Court approved the Fourth District Court of Appeal’s decision and rejected the contrary First and Second District rulings. The decision rests on a plain‑language reading of the statutes and due‑process considerations.