Under Florida Law, A Reasonably Ascertainable Creditor Has Two Years To File The Claim If Notice To Creditors Is Not Received

In Jones v. Golden, No. SC13–2536, 2015 WL 5727788 (Fla. Oct. 1, 2015), the Florida Supreme Court settled a conflict among the lower Florida courts over the application of Fla. Stat. § 733.702 to reasonably ascertainable creditors of a decedent who do not receive a copy of the statutorily required notice to creditors. The court held that the claims of such creditors are timely if filed within two years of the decedent’s death, the period of repose under Fla. Stat. 733.710.

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.