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FAQs / Probate Process / Do I need to give notice to secured creditors?

Do I need to give notice to secured creditors?

Yes, it is highly recommended that you give notice to secured creditors and all reasonably ascertainable creditors.  What giving notice does is dramatically reduce the amount of time that creditors have in which to file their claims against the estate.  Any reasonably ascertainable creditor, which includes secured creditors, have two years from the date of death to file claims against the estate, even if the estate publishes a notice to creditors in the newspaper.  This uncertainly can create significant problems in the future if the beneficiaries of the estate have already spent the assets. It could also be a big problem for the personal representative, who released the assets to the beneficiaries without dealing with all the necessary creditor claims.  It is entirely possible that a court would find that a secured creditor was “reasonably ascertainable,” potentially making the personal representative liable for amounts owed to the secured creditor.

Probate Process FAQs

  • Where is probate handled?
  • Do I need the original will?
  • Do I need to file tax returns for the estate?
  • Do I need to give notice to secured creditors?
  • How are estate creditors handled?
  • How does the probate process work?
  • How is the Internal Revenue Service (IRS) involved in the probate process?
  • Is there a small estate exception to probate?
  • My spouse died and left a will leaving his assets to me and my children. Do we have to probate the will?
  • The decedent owed me money. How do I file a claim against the estate?
  • Are probate records available on the internet?
  • How should I deal with the time and cost of probate?
  • Do life insurance or retirement benefits need to go through probate?
  • What is a formal probate?
  • What is ancillary probate?
  • What rights do surviving family members have in probate?
  • What should I do to prepare for seeing a probate attorney?
  • How can I plan to avoid or minimize probate?
  • How long will probate take?
  • How can an attorney assist me in the probate process?
  • Why Is It Important to Know the Names and Addresses of the Family Members and Relatives of the Deceased?
  • What is probate?
  • What are Letters of Administration in Probate?

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      • Lack of Capacity
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      • Undue Influence
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