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 ?
18) determine a motion or petition to strike an objection to a claim against an estate;
20.2053-1 (b)(3), to deduct an estimated amount of a claim against an estate on an estate tax return, the estate must show that the amount of the claim is ascertain-able with reasonable certainty.
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.