We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding the Statement of Claim Against Estate: A Comprehensive Guide
Definition & Meaning
A Statement of Claim against Estate is a formal document submitted to a court by an individual who believes they are owed money by a deceased person's estate. This claim is typically filed at the beginning of the probate process, which occurs after the individual's death. The claimant, who may be a creditor or someone who believes they have a right to a portion of the estate, must provide specific details in the statement, including the deceased's name, estate number, the amount owed, and the nature of the claim. If the claimant holds any security for their claim, they must also describe it. Additionally, the claimant must affirm the accuracy of the information provided by signing as the affiant.
Table of content
Legal Use & context
The Statement of Claim against Estate is primarily used in probate law. It serves as a mechanism for creditors to assert their rights to payment from the estate of a deceased individual. This process is crucial in civil law, particularly in matters involving inheritance and debt recovery. Individuals can often manage this process themselves using legal templates and forms available through services like US Legal Forms, which provide guidance on proper filing procedures.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A contractor who completed renovations for a deceased homeowner files a Statement of Claim against the estate to recover unpaid fees.
Example 2: A bank submits a claim for a personal loan that the deceased had not repaid before their death. (hypothetical example)
State-by-state differences
State
Key Differences
California
Claims must be filed within four months after the estate is opened.
New York
Creditors have seven months to file claims against the estate.
Texas
Claims must be filed within four months of the notice to creditors.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Claim against Estate
A request for payment from a deceased person's estate.
General term; can include various types of claims.
Probate Claim
A claim specifically filed during the probate process.
Focuses on claims made during estate administration.
Common misunderstandings
What to do if this term applies to you
If you believe you are owed money by a deceased person's estate, you should:
Gather all relevant documentation regarding your claim.
Complete the Statement of Claim against Estate using a legal template from US Legal Forms.
File the claim with the appropriate court where the estate is being probated.
Consider seeking legal advice if your situation is complex or if you need assistance with the filing process.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.