Timeliness of filing creditor’s claims is crucial. Otherwise, a creditor may be forever barred from filing a claim against the decedent’s estate. In Probate litigation proceedings, a creditor must file a claim timely. A recent Fifth District Court of Appeal case, Souder v. Malone, addressed the debate over a creditor’s claim being timely filed after the three month period of the first publication of the Notice to Creditors.
SERVING NOTICE TO CREDITORS TO KNOWN CREDITORS
A Notice to Creditors served (certified mail) to a known or reasonably ascertainable creditor means the creditor must file its claim within 30 days following service or be forever barred. Therefore, the statute of limitations is a shorter time span and the most favorable action.
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