What process must a creditor follow to lay claim to an estate?

On Behalf of | Jul 27, 2019 | Uncategorized |

When you need to collect on a debt in Ohio, but the debtor has suddenly passed away, there are ways you can protect yourself from losing the money you are owed. Many creditors add a stipulation in a payment contract indicating that in the event of the debtor’s passing, money from his or her estate shall be used to cover any unpaid balances. However, even if such language exists in your contract, there are still steps you need to take to make sure you get the payment you are owed.

The time limit

 The first thing creditors should keep in mind is that a claim needs to be submitted within six months of the passing of the debtor. The claim will be barred and no payments may be made if it is submitted after this deadline.

Who a creditor should contact

 In the event of a debtor’s passing, any claims to any amount of the decedent’s estate need to be submitted in writing, and must be received by the administrator or executive of the estate. The Ohio Revised Code outlines a few different ways you can do this. One way is to address a letter to the decedent, and ensure that the letter is received by the person responsible for administering the estate. The other option is to address the writing directly to the administrator or executor, in addition to the probate court.

This article is meant to inform you about the process of collecting from an estate and should not be construed as legal advice.

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