claim against an estate


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claim against an estate

n. upon the death of a person and beginning of probate (filing of will, etc), a person believing he/she is owed money should file a written claim (statement) promptly with the executor or administrator of the estate, who will then approve it, in whole or in part, or deny the claim. If the claim is not approved the claimant can demand a hearing to have the court determine his/her rights. The period for filing a claim begins upon publication of a death notice or a date specified by state law and continues for a few months (four in California, for example). If there is no probate the claim should be made to the heirs. (See: probate)

References in periodicals archive ?
This is different to two estranged sons who suddenly make a claim against an Estate where there may have been a Will leaving everything to you.
2d 668 (CA-10, 2001)], the Tenth Circuit reversed the Tax Court and held that post-death events are not to be considered in valuing a claim against an estate under IRC section 2053.
2053(a) nor the Treasury regulations thereunder contained a method for valuing a claim against an estate for estate tax purposes, and there was little consistency among the courts regarding the extent to which post-death events should be considered in valuing such claims.