claim against an estate Probate Law/Probation of Will legal dictionary - legal glossary claim against an estate
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Legal Dictionary
Probate Law/Probation of Will
Term: claim against an estate
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a written statement filed with the executor or administrator of the estate by a creditor of a deceased person.
Bringing a claim against an estate you are telling the representative of the decedent that the decedent owed you money.
Many courts have official forms for the claim against decedent's estate.
It is a very simple form stating the names of a deceased person and a creditor, addresses, and nature of the claim.
Claim against an estate has to be filed within certain period of time since the decedent's death. This period varies from state to state. In CA, the claim has to be brought within 4 month, in Delaware within 8 month of the decedent's death. All claims are barred against the estate, the personal representative and the heirs and devisees of the decedent unless presented within time limits established by state laws.
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