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Claims (Probate): A Comprehensive Guide to Estate Liabilities
Definition & Meaning
A claim in probate refers to a formal request for payment or compensation from the estate of a deceased person. This can include debts or obligations that the deceased owed at the time of their passing, which may arise from contracts, torts, or other liabilities. Claims can also encompass funeral expenses and costs related to the administration of the estate. However, it's important to note that claims do not include estate or inheritance taxes, nor do they address disputes regarding the title of specific assets owned by the deceased.
Table of content
Legal Use & context
Claims are primarily used in probate law, which governs the distribution of a deceased person's estate. This term is relevant in civil legal contexts, particularly when dealing with the debts and obligations of the decedent. Individuals may encounter claims when managing an estate, and they can utilize legal templates from US Legal Forms to help navigate the claims process effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person passes away with outstanding medical bills. The hospital may file a claim against the estate to recover these costs.
Example 2: After the death of a family member, the estate incurs expenses for funeral services. The funeral home can submit a claim to the estate for reimbursement of these expenses.
Relevant laws & statutes
Claims in probate are governed by state probate codes, which outline the procedures for filing claims against an estate. For example, the Uniform Probate Code provides a framework for handling claims, but specific state laws may vary.
State-by-state differences
State
Claims Filing Deadline
Notes
California
4 months from the date of death
Claims must be filed in writing.
Texas
4 months from the date of the first publication of notice
Claims must be verified.
New York
7 months from the date of death
Claims can include both secured and unsecured debts.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Claim
A request for payment from an estate.
Specific to debts and obligations of the deceased.
Debt
An obligation to pay money to another party.
Can exist independently of probate claims.
Liability
A legal responsibility for debts or obligations.
Broader term that includes claims but also other responsibilities.
Common misunderstandings
What to do if this term applies to you
If you believe you have a valid claim against an estate, it's crucial to act promptly. Gather all necessary documentation and consider using legal templates from US Legal Forms to assist in filing your claim. If the situation is complex or if you have questions, consulting a legal professional is advisable to ensure your rights are protected.
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