Claims Against the Estate and Any Objections to Claims
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When an estate is opened, unless the decedent has been dead for more than two years, it is usually necessary to “publish for creditors.” This puts creditors of the decedent on notice that, if they want to be paid, they must file a claim with the Court. Certain creditors must be given actual notice. The attorney handles the publication and the proper notification to creditors and advises the Personal Representative when claims have been filed against the estate. If the claim is not valid, the attorney prepares the documents necessary to preserve the Personal Representative’s objection and often times has the claim stricken by the Court. The notices and filings of claims and objections are time-sensitive and if not timely filed with the Court, the claim or the ability to contest the claim are lost. Additionally, the Personal Representative will have taxes, bills and costs of administration to pay. There are rules which must be carefully followed about the order in which the estate expenses get paid.