Souder v. Malone

James Souder appeals a final order striking his claims against the estate of Robina Malone. Because Souder’s claims were untimely filed, we affirm.

Robina Malone died testate on April 25, 2011. Her son, Jason Malone, filed a petition for administration on June 20, 2011, and was appointed personal representative of the estate eight days later. In accordance with section 733.2121(1) and (2), Florida Statutes (2011),1 a notice to creditors was published with the first publication date being July 10, 2011. However, Souder was not served with a copy of the notice to creditors.

Souder filed four…