QUESTION
Can creditors collect after your death? Must a will be probated? Can I do it with a lawyer?
Asked on Mar 19th, 2013 on Estate Planning - New York
More details to this question:
Can creditors collect after your death? Must a will be probated? Can I do it with a lawyer?
22 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California, a will must be probated unless the probatable estate is small enough, under $150,000, to be distributed pursuant to a declaration procedure. The "probatable estate" does not include property held in joint tenancy or which passes to a designated beneficiary (e.g., life insurance) or pursuant to a "pay on death" arrangement with a financial institution. Probate is usually necessary when there is real property standing only in the name of the decedent. If probated, there is a creditor claim procedure which determines which, if any, creditors get paid and how much. Yes, it is common practice to have an attorney represent the personal representative and the estate in a probate case.
Answered on Mar 31st, 2013 at 8:26 PM
The will should be filed with the clerk?s office after death. If there are assets in the estate, a probate lawyer can help you file a probate proceeding. As part of the proceeding, creditors are notified and given a deadline to file a claim. The personal representative of the estate can object to claims, and the Judge will decide disputes. After claims have been decided and paid, distributions are made to the heirs.
Answered on Mar 21st, 2013 at 8:10 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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Creditors can collect after a person's death-they generally must file a creditor's claim against the estate within a certain period of publication of a notice by the executor. Specific rules will apply to secured debts like home loans. A will does not necessarily have to be probated-if a person wants to begin the 90-day period in which a creditor must file a claim or lose the claim, the will must be probated and a personal representative/executor must be appointed. A lawyer is not necessary but can provide great value in the administration process. Kind regards, Geoff N. Germane
Answered on Mar 20th, 2013 at 1:54 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Creditors can and often do pursue the assets of the decedent in order to collect their debts. A will does not automatically need to be probated. Everything depends on the assets and debts of the person who passed away. Probate is often best accomplished with the assistance of a lawyer, to make sure all steps are followed, all debts are properly handled, and all assets of the estate are properly distributed.
Answered on Mar 20th, 2013 at 1:05 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes.
Answered on Mar 20th, 2013 at 1:05 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Yes, creditors can collect after a person's death(this is the simple answer). A will needs to be probated to give effect to it's terms. You should have your will prepared by an attorney.
Answered on Mar 19th, 2013 at 8:04 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Creditors can collect after your death. A will usually must be probated only if the estate subject to the will includes considerable real property or has a total gross value over $150,000. Yes, you can do it with a lawyer. Theoretically, you also can do it without a lawyer, but it is unwise.
Answered on Mar 19th, 2013 at 4:46 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Creditors can collect from the probate estate of a deceased individual. A will does not have to be probated if the deceased individual left no assets in his or her name alone when they died (i.e. the assets were not jointly owned, did not have beneficiaries, or were not in a trust). A lawyer can help you with the estate administration.
Answered on Mar 19th, 2013 at 3:36 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to seek probate counsel to assist you in the probate of the estate. Yes creditors can collect after death. Yes a will needs to be probated if there are assets in the estate; lastly, the will must be filed with the court within 30 days after death, in the county of the deceased principal residence.
Answered on Mar 19th, 2013 at 3:22 PM
Yes, creditors can collect after your death. A Will does not have to be probated. Yes, you can use a lawyer. You can also try to do it without a lawyer; but, it is difficult.
Answered on Mar 19th, 2013 at 1:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, creditors can collect from your estate. A will must be submitted to the court for a probate procedure, or else it does nothing at all. It is best to use a lawyer, as there are many steps, many potential traps, and a huge learning-curve. The expenses of probate are charged to the estate.
Answered on Mar 19th, 2013 at 1:59 PM
Yes, creditors can seek recovery from the decedent's estate. All will must be probated unless the estate is small and than an alternative can be used to deliver the property to the heirs. You can have counsel and in most cases, it is advisable to do so.
Answered on Mar 19th, 2013 at 1:59 PM
Thomas Edward Gates
Creditors can collect from the estate. Depending on whether there is a community property agreement, an estate worth more than $100,000 or has real property, must probate the estate to make distribution to the beneficiaries. The creditors must be paid off before distribution. Any probate attorney can assist you.
Answered on Mar 19th, 2013 at 1:58 PM
3 Awards
Yes, creditors are entitled to be paid. They are a higher priority than beneficiaries. A Will must be lodged with the District Court within 30 days of death in Nevada. If there are assets that do not have a joint tenant or a death beneficiary, they must be probated. An attorney may assist you or you may try to do it on your own.
Answered on Mar 19th, 2013 at 1:58 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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I believe that all states have statutes that govern the priority of creditors of an estate. Generally, the assets left behind must be used to pay off creditors, and then distributions made to heirs. In order to prove a will valid, it must be probated, and a good probate can help a lot. If you have specific questions, you need to see a probate lawyer who practices in the state where the deceased resided at the time of death.
Answered on Mar 19th, 2013 at 1:58 PM
Yes, creditors can collect whats due from any assets of the estate that arent subject to a lien or other legal claim. Wills dont have to be probated if the debts and assets are minimal (check your state statutes). And it is a good idea to have a lawyer help settle an estate as there are several laws that must be observed at every step.
Answered on Mar 19th, 2013 at 1:57 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Creditors can file a claim against the estate. A will should be filed but unless enough assets no need for probate. Yes you can do it with a lawyer.
Answered on Mar 19th, 2013 at 1:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally the debts of the deceased party are paid out of the estate assets which normally involves a probate. Therefore, you should at least counsel with an attorney.
Answered on Mar 19th, 2013 at 1:56 PM
Yes, creditors can pursue claims after you die against your estate. No, not all Wills require probate, but all must be filed with the Court. Yes, you can work with an attorney on estate questions, make sure the attorney specializes in estate matters.
Answered on Mar 19th, 2013 at 1:56 PM
Yes, in most cases creditors can collect after death. It is wise to verify any demands prior to payment. Yes, a will should be probated. Yes, a lawyer will help you with the process of probate.
Answered on Mar 19th, 2013 at 1:55 PM
1 Award
The answers depend on too many factors to list. You should speak to an attorney about your individual situation. Many, including myself, offer a free consultation.
Answered on Mar 19th, 2013 at 1:54 PM
2 Awards
Yes creditors can collect after death. A will needs to be probated if there are sufficient assets to submit the estate to probate. In California that is $150,000 or more in gross assets. Another benefit to submitting an estate to probate is that it limits creditor's to 4 months in order to make a claim against the estate as long as they are given proper notice. I recommend probate be done through a lawyer.
Answered on Mar 19th, 2013 at 1:54 PM