Alaska Release of Claims against Estate by Creditor

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US-02452BG
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Description

Generally speaking, any creditors of a decedent at the time of his death can file a claim against the decedent’s estate. The executor of the estate has a duty to pay any creditors that make a legitimate claim against the estate before distributing assets to the decedent’s heirs. The process the estate goes through probate and how creditors are allowed to file claims is governed by state law.

This form is a release of claims against the estate by a creditor.

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FAQ

A lien is a claim or legal right against assets that are usually used as collateral to satisfy a debt. The creditor may be able to seize the asset that is the subject of the lien. Bank, real estate, and tax are three types of liens.

Oklahoma law defines a small estate as an estate in which the value of the estate property in Oklahoma, owned by the decedent and subject to disposition by will or intestate succession, minus liens and encumbrances, is less than $50,000. You are the successor in interest to the decedent's estate.

You may have heard of a ?239 sale,? which is a reference to Oklahoma Statutes, title 58, section 239; this section is often used to sell real estate owned by a decedent while the probate case is still ongoing and not yet complete.

There is no statute of limitations for probate. An estate, whether there is or is not a Will, can be probated years?even decades?after death. Depending on the specific circumstances, the passage of time can make probating the estate easier or harder. That being said, you should consult an attorney as soon as possible.

What the notice needs to say. There are three major points that a notice to creditors needs to contain: the name of the person who has passed away, the amount of time creditors have to come forward, and contact information for the executor or the executor's lawyer.

Rule 12. Closing Estates. (a) Duty to Close Estates. When a personal representative has completed administration of the estate, the personal representative either shall petition to close the estate by formal closing under AS 13.16. 620 or AS 13.16. 625 or file a sworn statement under AS 13.16.

Creditors have two months from the date of publication to file their claims.

Creditors have two months from the date of publication to file their claims. An estate inventory must be performed generally within two months of the Personal Representative taking on their role. Sometimes there are assets that must be appraised.

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Alaska Release of Claims against Estate by Creditor