Wills & Estates

Claim Against the Estate

Claim Against the Estate

Claim Against the Estate

A Claim Against the Estate is a formal demand for payment made by a creditor or other party against a deceased person’s estate. Key points include:

1. Must be filed within a specific timeframe (varies by jurisdiction)

2. Typically submitted to the estate’s executor or administrator

3. Common claims include:

   – Unpaid debts or bills

   – Loans or promissory notes

   – Unfinished contracts or services

   – Taxes owed

4. Requires supporting documentation

5. Evaluated by the executor for validity

6. May be paid, negotiated, or rejected

7. If rejected, claimant may pursue legal action

Claims against the estate are part of the probate process and must be settled before assets are distributed to beneficiaries. Executors have a fiduciary duty to handle claims fairly and in accordance with state laws. Proper estate planning can help minimize potential claims and ensure a smoother probate process for your heirs.

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