Dear Virginia,
Although I practice in Illinois, a lot of Probate is universal with a tweak here or there....so I'm going to give you the general pointers to get you started in the right directions and with a little knowledge, you'll be dangerous.
Your debt is called a claim, so you want to file a claim against the estate. You can either file that claim with the Court (Clerk of your local Circuit Court) or with the appointed Representative(s) or Executor(s) of the estate or with both the court and representative(s). You can look up the file at the court house or on line if your Circuit Court is automated if you need to learn who the Representative is....it's a public record.
A claim has to be written. It basically have to state sufficient information to notify the representative(s) or executor(s) of the nature of the claim or other relief sought...you know...the who, what, when and why. Some states have a particular format or form that is required to be used. Your local clerk at the circuit court can tell you if your district requires something special. Pretty much that's all there is to filing a claim....Now getting your money is a whole 'nother matter!
Claims are prioritized by law. This means the law distinguishes between the order in which claims will be paid. now, you didn't tell me what the nature of the debt owed to you was but let me tell you-if it is something unsecured, get in line Virginia. There are seven (7) categories of claims and unsecured debt falls dead 7th. I hope you fair better than 7th. Best wishes to you.
Answered on Oct 17th, 2012 at 7:35 PM