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When should creditors receive notice of estate administration?

On Behalf of | Apr 7, 2023 | Creditor Claims |

When someone dies, numerous parties will feel the effect of their passing. Those with direct personal relationships obviously experience the most profound impact, but those with a professional or financial relationship with the deceased party could also worry about what the future may hold.

When there are outstanding financial obligations owed by someone who dies, their creditors may worry about whether they will end up incurring a significant loss. In theory, most debts will pass to the estate and become the responsibility of a personal representative or executor. It is their responsibility to notify creditors about probate proceedings.

Timely notice is required under state law

Notifying creditors is usually one of the first steps that someone has to take during estate administration after filing certain paperwork with the courts. Known creditors may receive direct notice, possibly via a  phone call shortly after someone dies.

There will also be published notice. The executor of the estate should have notice published of the pending estate administration in the local newspaper in the city where the decedent resided. In theory, they will have to publish that notice three times, giving creditors an opportunity to learn about the upcoming probate proceedings on their own.

Formal written notice is required in most cases. There are two deadlines that may apply. The creditor should receive notice within four months of the first publication of notice about probate proceedings in most cases. If the creditor was not known to the executor of the estate previously, they will need to send notice within 30 days of learning of the financial relationship between the creditor and the decedent.

Mistakes may lead to probate court claims

When the executor or representative of an estate makes a mistake that affects the rights of creditors, the creditors that did not have an opportunity to seek repayment might bring a claim against the executor of the estate. If they distributed resources without paying or communicating with creditors, they may have some personal responsibility for their mistakes.

Learning more about state laws as they apply to estate claims by creditors can help those who are hoping to secure repayment for a debt owed by someone who died. Seeking legal guidance can result in that clarity.