If a person or business believes that a deceased person owed them money, that person or business must file a claim against the deceased person’s estate. Filing claims against an estate can be highly technical, so it is wise to consult with an estate litigation attorney before doing so.
What Are the Steps to Making a Claim Against an Estate?
If you believe you have a claim against an estate, your claim must be filed with the Probate Court where the estate is being administered within a limited time period (also known as the creditor claim period). The claim must meet all the statutory requirements, which includes:
- Name and address of the claimant
- Basis of the claim
- Amount claimed
- Date when claim became or will become due
- Nature of any uncertainty as to the amount of the claim or date due
- Description of any security against the claim
What Are the Types of Claims that Can Be Made?
A claim against the estate includes any liability owing, whether it came out of a contract, tort, or otherwise, and any liability arising after death such as funeral expenses.
What Can Prevent Collection of a Claim Against an Estate?
If the statute of limitations has run on a debt before the decedent’s death, the claim will be barred from collection. If the statute had not run, its expiration may be extended for a limited amount of time from the date of death. A claim is also barred if it is not presented on time after the publication of the notice.
Call Us Today to Speak with an Estate Litigation Lawyer in Columbia, South Carolina
If you believe you have a claim against an estate, you should contact a knowledgeable estate litigation attorney as soon as possible. To schedule an appointment with an experienced attorney, contact us or our offices today at 803-918-5164..
Estate Litigation FAQs
How is a claim against an estate allowed?
Once the personal representative receives a timely-filed claim, he or she must allow or disallow the claim. If the personal representative disallows the claim, the creditor must take additional steps and file pleadings to further assert their claim. Fees by professionals relating to the estate, such as the personal representative or attorneys, are usually not subject to the creditor claim period and can be paid as received.
How else can I recover from an estate?
If you believe your claim was not handled correctly or that the personal representative made improper distributions, you may file an action against the estate and personal representative.