QUESTION
How do creditors learn about your death and how they collect a debt?
Asked on Jul 14th, 2016 on Estate Planning - Florida
More details to this question:
I had some credit card debt that I never paid. It's been more than 7 years ago and reference to this debt has been removed from my credit report. I have a letter from the creditor stating that they will not sue me. But that doesn't mean that they won't/can't try to collect the debt upon my death! How would they learn about my death? At the moment, I have no will because there is no one who I can appoint as an executor.
1 ANSWER
2 Awards
Typically, if probate is required, creditors would learn of the death from a notice to creditors that has to be published in probate; some creditors get notified by the Clerk of the pending probate action. However, if the personal representative waits until two years from the decedent's death before probating the estate, then the creditors would be barred.
Answered on Aug 11th, 2016 at 6:33 PM