In re Estate of Utley

The personal representative appeals on order requiring him to pay appellee’s $5,000 claim against the estate predicated upon an unmatured promissory note. Appellant contends that the claim was barred by Section 733.709, Florida Statutes (1977). We reverse.

Section 733.709 provides:

733.709 Claims undisposed of after 1 year — When a person has filed a claim against an estate and the claim has not been paid, settled, or otherwise disposed of and no proceeding is pending for the enforcement or compulsory payment of it at the expiration of 1 year from the date the claim was filed, the claim shall…