Rusler v. Estate of Buchan

COWART, Judge.

A father was missing after the 1985 Mexico City earthquake. His son was appointed his conservator under chapter 747, Florida Statutes. A creditor filed an action against the conservator on an unpaid promissory note executed by the father.1 Before service of the complaint on the conservator, a probate proceeding was filed in which (1) it was established that the father was deceased, (2) the son was appointed personal representative, and (3) notice of administration was published. The creditor did not file his claim in the probate case within three months of the first publication…