Question about the probate process.

[TNDemo]

My brother and I have submitted a claim against an estate, which is open in probate right now. I think there are four months allowed in which to submit a claim. What happens now? Do they wait until the end of the four months, look at the claims and the judge makes a decision? Will we need to appear before the judge?

[rsdsharp]

1. It will depend on your state law.

Generally speaking, the executor, or administrator of the estate will have a period of time to allow or deny the claim. If the claim is allowed, it will usually be paid before the estate is closed, if there are sufficient assets to do so. If the claim is denied, or the time runs without action, you'll have to litigate the claim if you want to pursue it. I'd suggest talking to an attorney, and doing so early on, before any deadlines pass.

[Floogeldy]

2. Good Advice

Tennessee Code : TITLE 30 ADMINISTRATION OF ESTATES : CHAPTER 2 MANAGEMENT, SETTLEMENT AND DISTRIBUTION : PART 3 INVENTORY AND MANAGEMENT : 30-2-307. Claims against estate - Filing.

(a) (1) All claims against the estate arising from a debt of the decedent shall be barred unless filed within the period prescribed in the notice published or posted in accordance with § 30-2-306(c). However:

(A) If a creditor receives actual notice less than sixty (60) days before the expiration of the period prescribed in § 30-2-306(c) or after the expiration of the period prescribed in § 30-2-306(c) and more than sixty (60) days before the date which is twelve (12) months from the decedent's date of death, such creditor's claim shall be barred unless filed within sixty (60) days from the date of receipt of actual notice; or

(B) If a creditor receives actual notice less than sixty (60) days before the date which is twelve (12) months from the decedent's date of death or receives no notice, such creditor's claim shall be barred unless filed within twelve (12) months from the decedent's date of death.

(2) After the expiration of the period prescribed in § 30-2-306(c), but before the date which is twelve (12) months from the decedent's date of death, the court may permit the personal representative to distribute the balance of the estate in accordance with § 30-2-701, make final settlement and enter an order discharging the personal representative. If a creditor files its claim after the estate is closed as permitted in the preceding sentence and before the date which is twelve (12) months from the decedent's date of death, the personal representative shall not be personally liable to such creditor whose recourse will be against the distributees of the estate, each of whom shall share liability on the claim in proportion to the claimant's share of the residue. The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative, or as to whether actual notice was properly sent in accordance with § 30-2-306, shall be upon the creditor claiming entitlement to such actual notice. In such cases, the distributees of the estate shall be personally liable on a pro rata basis if the court finds the claim is proper and the creditor did not receive the appropriate notice.

(b) When any claim is evidenced by a written instrument, such instrument or a photocopy of such instrument shall be filed; when due by a judgment or decree, a copy thereof certified by the clerk of the court where rendered shall be filed; and when due by open account, an itemized statement of the account shall be filed; and every claim shall be verified by affidavit of the creditor before an officer authorized to administer oaths, which affidavit shall state that the claim is a correct, just and valid obligation of the estate of the decedent, that neither the claimant nor any other person on the claimant's behalf has received payment thereof, in whole or in part, except such as is credited thereon, and that no security therefor has been received, except as thereon stated.

(c) No claim shall be filed by the clerk nor deemed to be filed unless submitted in triplicate, but the second and third copies need not be verified.

(d) The clerk shall file all claims received during the administration of the estate. However, filing of claims by the clerk shall not create an inference as to whether such claims are valid or were timely filed. The clerk shall return any claim submitted before the appointment of a personal representative.