Trust & Probate Litigation Attorney

40. How do the decedent’s creditors get paid?

The personal representative provides formal legal notice to creditors. Creditors then have a fixed time frame in which to file their claim in the probate proceeding. If the personal representative approves the claim, then the bill is paid from the assets of the estate. If the personal representative rejects a claim, then that creditor has to sue to prove their entitlement to payment.

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