Demand against a decedent refers to any claim or debt that can be legally enforced against a person who has passed away. To receive payment for such claims, creditors must present their demands to the executor or administrator of the deceased person's estate. This process ensures that all debts are settled before the estate is distributed to heirs.
This term is commonly used in probate law, which governs the distribution of a deceased person's estate. It is essential for creditors to understand the legal process involved in making a demand against a decedent, as failing to follow the required procedures can result in the loss of their claim. Users can often manage this process themselves using legal templates provided by services like US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A creditor has a loan agreement with a person who has passed away. The creditor must submit their claim to the estate's administrator within the designated time frame to seek repayment.
Example 2: A contractor who provided services to the decedent and has an outstanding invoice must file a demand against the estate to recover the owed amount. (hypothetical example)
One significant statute regarding demands against a decedent is K.S.A. § 59-2239 in Kansas, which states that all claims against a decedent's estate must be exhibited within four months of the first published notice to creditors or they will be permanently barred from payment.
| State | Time Limit for Filing Claims |
|---|---|
| Kansas | Four months |
| California | Four months |
| New York | Seven months |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Demand against a decedent | A claim or debt enforceable against a deceased person's estate. |
| Claim against an estate | A broader term that includes any legal claim made against a deceased person's estate, including demands. |
| Probate claim | A claim filed during the probate process, which may include demands against a decedent. |
If you have a claim against a decedent's estate, it is crucial to act quickly. Gather all relevant documentation, such as contracts or invoices, and file your demand with the estate's executor or administrator within the required time frame. Consider using legal templates from US Legal Forms to ensure your claim is properly formatted. If you find the process overwhelming, seeking assistance from a legal professional may be beneficial.
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