QUESTION

How long do creditors have to make a claim against a deceased estate?

Asked on Aug 21st, 2013 on Estate Planning - New York
More details to this question:
Is there a time period that creditors for medical bills have to make a claim through an estate? For example: If someone passes away on 7/1/13 what would be considered a fair amount of time to wait for unpaid medical bills to be sent to the executor for payment? I would like to know when I can safely close the bank accounts and pay the beneficiaries without having to worry about collectors coming after me or the estate for, example 1 or 2 years after the fact.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
Technically, a creditor must file a claim with the Surrogate's Court within 7 months from issuance of letters. An Executor is also responsible for claims that he/she had reasonable notice of. The way of truly protecting yourself is to file a Voluntary Accounting on notice to anyone you have reasonable notice of and getting a decree from the court.
Answered on Aug 22nd, 2013 at 5:12 AM

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