Probate Law

1. Duties Of Personal Representative
2. Steps Prior To Formal Administration Of Estate
3. Claims Against Estate
4. Estate Inventory, Appraisal And Record Keeping
5. Estate Taxes
6. Estate Expenses And Compensation
7. Estate Allowances And Distributions
8. Conclusion

Return to: Introduction to the Process of Probate


Section 3 - Claims Against Estate

Notice to Creditors

The law requires publication of a Notice of Petition to Administer Estate. We will arrange for publication in the appropriate newspaper. This Notice also constitutes notice to all creditors of the decedent to file their claims against the estate. Creditors have four months following appointment of the personal representative and the issuance of the personal representative's Letters within which to file their claims. If a claim is not properly filed within that time, it is ordinarily barred. If the personal representative believes he or she has a claim against the estate, the attorney for the estate should be advised. If a claim is required, the attorney's office should prepare a claim for execution by the personal representative.

Payment of Claims

Ordinarily, the personal representative may pay a properly approved claim with estate funds without incurring any personal liability. The personal representative may also pay any proper bill of the decedent without requiring a formal claim, but the personal representative will remain personally liable for such payment until it is approved by the court upon settlement of accounts. THE PERSONAL REPRESENTATIVE SHOULD CONSULT THE ESTATE ATTORNEY BEFORE PAYING ANY CLAIM OR BILL.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright 2011 © by Jacqueline M. Skay. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Estate and Trust Law
A Professional Law Corporation

Jacqueline Skay - Attorney at Law

760.745.7576
jskay@estateandtrustlaw.com

Probate Law

1. Duties Of Personal Representative
2. Steps Prior To Formal Administration Of Estate
3. Claims Against Estate
4. Estate Inventory, Appraisal And Record Keeping
5. Estate Taxes
6. Estate Expenses And Compensation
7. Estate Allowances And Distributions
8. Conclusion

Return to: Introduction to the Process of Probate

Section 3 - Claims Against Estate

Notice to Creditors

The law requires publication of a Notice of Petition to Administer Estate. We will arrange for publication in the appropriate newspaper. This Notice also constitutes notice to all creditors of the decedent to file their claims against the estate. Creditors have four months following appointment of the personal representative and the issuance of the personal representative's Letters within which to file their claims. If a claim is not properly filed within that time, it is ordinarily barred. If the personal representative believes he or she has a claim against the estate, the attorney for the estate should be advised. If a claim is required, the attorney's office should prepare a claim for execution by the personal representative.

Payment of Claims

Ordinarily, the personal representative may pay a properly approved claim with estate funds without incurring any personal liability. The personal representative may also pay any proper bill of the decedent without requiring a formal claim, but the personal representative will remain personally liable for such payment until it is approved by the court upon settlement of accounts. THE PERSONAL REPRESENTATIVE SHOULD CONSULT THE ESTATE ATTORNEY BEFORE PAYING ANY CLAIM OR BILL.