If so, you better make sure you act timely or be forever barred. Many individuals and companies are unaware of the short time they are given to pursue their claim against an estate. First, a creditor of an estate must present their claim to the Personal Representative in writing within four months after the Notice to Creditors is first published. If a creditor claim that has been timely presented is disallowed by the Personal Representative, the creditor must either petition for the allowance of the claim with the court or commence a proceeding against the Personal Representative no later than 60 days after mailing of the notice of disallowance. If a notice to creditors was never published, a creditor is still barred if two years have elapsed since the date of the decedent’s death. Creditors should take immediate steps to secure their claims against an estate before they are forever barred.

Laura M. Trujillo

Disclaimer: This blog is for information purposes only. Legal advice is provided only through a formal, written attorney/client agreement.

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