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Simple English definitions for legal terms
claim against an estate
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A quick definition of claim against an estate:
A claim against an estate is when someone thinks they are owed money after a person has died. They need to tell the person in charge of the dead person's things (executor or administrator) by writing it down. The person in charge will say yes or no to the claim. If they say no, the person who made the claim can ask a judge to decide. The time to make a claim starts when people know the person has died and lasts for a few months. If there is no person in charge, the claim should be made to the people who will get the dead person's things.
A more thorough explanation:
A claim against an estate is a legal action taken by a person who believes they are owed money by a deceased individual. This claim is filed during the probate process, which is the legal process of distributing a deceased person's assets and paying off their debts.
For example, if John passes away and owes money to his friend Sarah, Sarah can file a claim against John's estate to try and collect the money she is owed. The executor or administrator of John's estate will then review the claim and either approve it, deny it, or approve it in part.
If the claim is denied, the claimant can request a hearing to have a court determine their rights. It's important to note that there is a specific period of time in which a claim can be filed, which varies by state. In California, for example, the period is four months from the date of publication of the death notice.
If there is no probate, the claim should be made directly to the heirs of the deceased individual.
claim against a governmental agency | cloud on title (cloud)