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Estate notices to creditors are advertisements that alert the public about an estate being administered. The idea is that when someone dies, the lawyer or estate trustee handling their affairs needs to pay the deceased's debts before they can distribute the estate.
Notice to creditors must be sent directly to known creditors within 75 days from when the executor was granted letters (the legal authority to serve as executor). The notice can be furnished in-person or by first-class mail.
To provide an opportunity for unknown creditors to file a claim, a notice to creditors must be published once weekly for four consecutive weeks. The executor must place notice to creditors in a newspaper published within the county where the estate is being administered.
In North Carolina, creditors have at most 3 years from the date of death to file claims against the estate.
Obligations to Creditors As mentioned above, North Carolina law provides protections for creditors when someone dies, giving them 90 days from the publication of the notice to creditors to file claims against the estate for payment.
Publication must occur within 10 days of filing the notice to creditors. The Oklahoma personal representative is also required to mail notice to the known creditors of the decedent.
Notices to creditors must be published once a week for four (4) consecutive weeks and should state that claims must be filed by a date certain, which date is at least three (3) months from the date of first publication of the notice.
North Carolina law requires the Executor to publish a Notice to Creditors in order to settle all creditor claims prior to settling the estate.