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Statutes Text (c) A claim against the estate based on the conduct of or a contract with a personal representative is barred unless an action is commenced against the estate within 6 months after the date the claim arose.
Creditors must file claims within the earlier of (a) six months of the date of death, or (b) two months after actual notice is mailed to the creditor. Upon the expiration of the six-month period, the personal representative must pay all legitimate claims against the estate.
Generally, unless the estate includes real property which needs to be sold, requires the filing of a U.S. Estate Tax Return, or is tied up in litigation, a regular estate proceeding may be closed after the period for filing creditor claims expires (six months from the date of death).
Download form #1128 - Claim Against Decedent's Estate from our Forms Page. Complete the form and submit it along with supporting documentation. The cost to file is $3.00 per claim. Please note that claims must be filed within 6 months from the date of death.
(1) A claimant may make a claim against the estate, within the time allowed for presenting claims, (A) by serving it on the personal representative, (B) by filing it with the register and serving a copy on the personal representative, or (C) by filing suit.