What You Need to Know About Creditor Claims Against an Estate
Try as we might to live (and die) debt free, most people do pass away with some debt. The Executor (also
known as the Personal Representative) of an Estate is legally obligated to notify known creditors that an
estate of a decedent is being probated and it’s also a legal obligation to publish notice that an estate is
being probated, thereby allowing any unknown creditors to come forward and make a proper claim
against the estate.
Now, every state has limits on the amount of time a creditor has to come forward and make such a claim
and, in Alabama, that time frame is six (6) months from the date the decedent’s estate is opened. If no
claim is filed within that time period, you are not obligated to pay that claim. A reasonable time limit
exists so that an Executor can eventually distribute inheritances, free from the potential of later claims by
The Executor, as a fiduciary, is responsible for properly addressing any creditor claims and every state
has certain steps that must be followed. If not followed accurately and timely, the creditor may be able to
make claims against the Executor’s own assets. Hence, the critical importance of hiring an experienced
probate attorney to help assist and advise you, as the Executor, through the timely and often times
complicated probate process.
To learn more about the probate process, contact Davis, Davis & Associates today to schedule a
consultation with one of our experienced probate attorneys.
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