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FAQs / Probate Creditor Claims / Debts / A creditor has filed a creditor’s claim. What do I do now?

A creditor has filed a creditor’s claim. What do I do now?

When a formal probate administration is initiated, pleadings will be filed with the relevant circuit courts having jurisdiction over the decedent’s estate. Once the clerks accept the pleadings, they will be placed on the court’s docket and assigned a case number. Anytime after a case number has been assigned, a potential creditor can file a claim against the estate. Most claims are composed of a single piece of paper identifying the creditor, the amount owed and the underlying reasons for the claim, sometimes with supporting documentation.

The clerks will mail any creditor claims directly to the attorney representing the personal representative of the estate. The personal representative is in charge of reviewing such claims in order to determine if they are legitimate and how to respond. The personal representative can request supporting documentation from the claimant to confirm the amount owed, can negotiate with the creditor for some type of settlement, or can potentially object to the claim. If the claim is objected to, the creditor will have 30 days from the receipt of the objection in order to initiate a separate civil suit against the estate in order to enforce the claim. If the claimant does not initiate a suit within the 30 day time period, the claim is barred. It’s prudent for the personal representative to obtain an order striking the claim once barred.

Probate Creditor Claims / Debts FAQs

  • Am I responsible for my deceased parent or spouse’s bills?
  • A creditor has filed a creditor’s claim. What do I do now?
  • Does the probate judge have to approve creditor claims?

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