To file an estate claim, locate the probate case in the county where the deceased person lived, complete the court’s creditor’s claim form, attach documents proving the debt, file the original with the probate clerk, and serve a copy on the personal representative — all before the deadline set by the state’s non-claim statute, which usually runs three to four months from the first published notice to creditors. Miss that window and the claim is almost always gone for good.
Find the Probate Case First
You cannot file anything until you know two things: the decedent’s full legal name and the probate case number. The case number is what ties your claim to the right estate file so the judge and the personal representative actually see it.
Start with the probate court in the county where the person lived when they died. That court almost always has jurisdiction. Many counties run online case searches that will give you the case number, the personal representative’s name and address, and the attorney of record. If there is no online portal, call or visit the county clerk. The clerk can confirm whether probate has been opened and provide the case number.
If no probate case exists yet, you may have to wait, or in some situations petition to open one yourself, before a claim can be filed.
Fill Out the Creditor’s Claim Form
Most probate courts publish a standardized creditor’s claim form, sometimes labeled a Statement of Claim, on the court website or at the clerk’s window. The layout varies, but the core fields are consistent across jurisdictions:
- Decedent’s full legal name and the probate case number.
- Your name, mailing address, and phone number, plus your attorney’s contact information if you have one.
- The basis for the claim — a plain description of why the estate owes you money. An unpaid invoice, a loan, medical services, a credit card balance, or whatever the debt is.
- The specific dollar amount. Break out any pre-death interest or fees separately. Some forms ask whether the claim is “due” or “not yet due” and the date it becomes payable.
- Whether the claim is contingent or unliquidated. If the amount is not fixed yet, such as a pending lawsuit, check the box and describe the uncertainty.
- Whether the debt is secured or unsecured. If secured, describe the collateral — a mortgage, vehicle lien, or other recorded interest.
Many jurisdictions require you to sign under oath or penalty of perjury. Some states require a separate sworn affidavit stating that the amount is justly due, that all payments have been credited, and that you know of no offsets. Read the form instructions line by line. An unsigned or unsworn claim can be rejected on a technicality before anyone looks at the merits.
Interest That Accrues After the Death
Whether you can claim interest that keeps accruing after the date of death depends on the underlying agreement and local law. If the original contract allows ongoing interest, some jurisdictions permit you to include it. Others cap the claim at the balance as of the date of death. When in doubt, state the principal balance as of the death date and note any post-death interest separately. The personal representative can dispute the post-death portion, and the court will resolve it if necessary.
Attach the Right Supporting Documents
A bare claim form with no backup is asking to be rejected. Attach enough paperwork to let the personal representative verify the debt on their own.
For unsecured debts like credit card balances or medical bills, include the most recent account statement or final invoice showing the balance. If the debt comes from a written agreement, such as a promissory note, personal loan, or service contract, attach the signed original or a clean copy. Account statements showing payment history help, especially if partial payments were made before the death.
Secured claims need more. A mortgage holder should attach the recorded deed of trust. A vehicle lender should include the lien filing or title showing the interest. These documents establish your priority over unsecured creditors and let the personal representative evaluate whether the collateral covers what you are owed. Without them, the court has no way to confirm your secured status, and the claim may be treated as unsecured or rejected outright.
One point worth knowing if you hold security: you do not necessarily need to file a probate claim just to enforce the security interest itself. A mortgage lender can still foreclose, and an auto lender can still repossess, under the original agreement. But if the collateral is worth less than the balance and you want the difference from the estate, you have to file a claim for that deficiency within the probate deadline.
Watch the Filing Deadline
Probate claim deadlines, known as non-claim statutes, are among the strictest in the legal system. Most states treat them as jurisdictional, meaning the judge has no power to extend them even for good cause. Miss the window and the claim is permanently barred.
The clock usually starts when the personal representative publishes a Notice to Creditors in a local newspaper. In most states the deadline falls somewhere between three and four months after the first publication date. Some states also impose an outer limit measured from the date of death, often one year, after which no claim can be filed regardless of when notice was published.
Known creditors — those the personal representative is aware of — are entitled to direct written notice by mail. That mailed notice can trigger its own deadline, often 30 days from the date of mailing or the general publication deadline, whichever is later. A known creditor who never received direct notice may have grounds to argue the shorter deadline should not apply, but courts are split and some states refuse to extend the deadline for any reason. Do not count on being the exception. If you learn that someone who owed you money has died, check for an open probate case right away instead of waiting for a notice to arrive.
File With the Court and Serve the Representative
Once the form is complete and the exhibits are organized, file the original with the clerk of the probate court. Some courts require filing in duplicate: one copy with an original signature for the court file and one for the personal representative. Ask the clerk about local requirements before you show up. Filing fees vary; some courts charge nothing for a creditor’s claim, others charge a modest fee. The clerk will stamp your copies with the filing date, and that stamp is your proof of timely submission.
Filing with the court alone is not enough. You also have to serve a copy on the personal representative. The safest method is certified mail with return receipt requested. The returned green card proves the representative received the claim and locks in the date. Some courts accept service by regular mail or through electronic filing portals that notify the estate’s attorney automatically. If you are not sure which methods your court accepts, call the clerk or check the local probate rules. Keep your proof of service in case a dispute arises later over whether the claim was properly delivered.
What Happens After You File
The personal representative reviews each claim and decides whether to allow it, meaning accept the debt as valid, or disallow it in whole or in part. There is no universal deadline for that decision. In some states, if the representative fails to respond within 60 days after the claims period expires, the claim is automatically deemed allowed. Other states give the representative broader discretion on timing but require action before any estate assets are distributed.
If the claim is allowed, you enter the payment queue. The representative generally cannot start paying creditors until the filing deadline for all claims has passed, because paying one creditor early creates personal liability if the estate later turns out to be short. Once the claims window closes, allowed claims are paid in the order of priority set by state law.
If the claim is disallowed, you receive a written notice of disallowance, which starts a new deadline for challenging the rejection.
Challenging a Disallowed Claim
A disallowance is not the end, but the window to fight it is short. In most states following the Uniform Probate Code model, you have 60 days from the mailing of the disallowance notice to either file a petition for allowance in the probate court or start a separate lawsuit against the personal representative. Do nothing in that period and the claim is permanently barred. The disallowance notice itself should warn you about the deadline. If it does not, the bar may not apply, but that is a question for a lawyer, not a gamble.
At the hearing or in the lawsuit, you have to prove the debt is valid and the amount is correct. Bring every document attached to the original claim and anything else that helps: correspondence with the decedent, payment records, or witnesses who knew about the arrangement. The court can allow the claim in full, reduce it, or uphold the disallowance.
If the Estate Cannot Pay Everyone
Not every estate has enough money to cover its debts. When assets fall short, state law dictates which creditors get paid first. The general hierarchy looks similar across most states:
- Administration costs — court fees, attorney fees, and the personal representative’s compensation — come off the top.
- Reasonable funeral costs and medical bills from the final illness typically rank second.
- Many states protect a surviving spouse or minor children with a family allowance that takes priority over outside creditors.
- Federal and state tax debts come next.
- General unsecured claims, including credit cards and personal loans, rank near the bottom. If funds are insufficient, creditors in this class split what is left pro rata.
Federal claims carry extra weight when the estate is insolvent. Under 31 U.S.C. § 3713, debts owed to the United States must be paid before other creditors, and a personal representative who pays others ahead of the federal government can be held personally liable for the unpaid federal amount.1Office of the Law Revision Counsel. 31 USC 3713 – Priority of Government Claims The IRS enforces this priority against the representative individually and can also assert transferee liability against people who received estate property.2Internal Revenue Service. Insolvencies and Decedents Estates
If you are a general unsecured creditor and the estate looks thin, temper your expectations. You may receive pennies on the dollar, or nothing. Secured creditors do better because they can look to their collateral first, but even a secured claim can fall short if the collateral has lost value.
Avoidable Reasons Claims Get Rejected
Most rejections fall into a handful of categories, and nearly all of them are preventable:
- Late filing. The single most common problem. The deadline passed and the court cannot let you in. Track the publication date and file well before the cutoff.
- Insufficient documentation. A claim that just says “the estate owes me $5,000” with nothing attached gives the representative no reason to allow it. Attach statements, contracts, and invoices.
- Missing signature or oath. If the form requires a sworn statement and you skip it, the claim is defective.
- Wrong court. Filing in the wrong county, because you guessed instead of confirming, wastes time you may not have.
- No service on the personal representative. Filing with the clerk but forgetting to serve the representative means the claim was never properly presented. Both steps are required.
A rejection from the personal representative is not personal. They have a fiduciary duty to the estate’s beneficiaries and can be held personally liable for paying debts that are not properly documented. Make their job easy and your claim moves faster.