Creditors Claim against an Estate

After sending a Notice of Claim to a creditor during a probate administration, the creditor files a Creditors Claim against an Estate. Once this form is on file, the personal representative is obligated to pay the claim. However, he is not obligated to do so if it is disputed or if there are insufficient assets to do so. Personal representatives of California estates should be on the lookout for these forms. They should also review them carefully for information about what needs to be done to administer the estate properly.

What Information Should a Creditors Claim Against an Estate Contain? The Following is a General Overview:

• The total amount of the claim.
• The name and character of the person or entity filing the claim. In other words, the creditor must indicate whether it is an individual, a corporation, or some other type of entity. The creditor must also include its address.
• An indication as to whether the claimant is the creditor or a person acting on behalf of the creditor. If a person is acting on the creditor’s behalf, a reason must be provided.
• If the claimant is the personal representative or the attorney for the personal representative, this must also be indicated.
• A statement of facts supporting the claim should either be listed on the backside of the form or an attachment included with the form. This statement should include the date the service was rendered or the debt incurred, a detailed description of the item or service, and the amount claimed for each item. Debts incurred after the date of death should not be included on the form unless such debts are owed to a funeral home.

The personal representative should also be certain that the Creditor’s Claim was properly filed within the allotted amount of time for doing so before making payment. Creditors must also comply with rules for claims made against a trust rather than an estate.

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