Attempting to File a Claim in Probate Court

Attempting to File a Claim in Probate Court



You have the legal right to file a claim in probate court if a person died and owed you money. In most cases, a person has a Last Will and Testament, which will require their entire estate to go through the probate process. Probate is a legally required process for those who have a Last Will and Testament to validate the will, distribute assets, and pay off any remaining creditors. While filing a claim in probate does not automatically guarantee that you will receive the compensation you are owed by the decedent, the probate court will now be on notice that you are attempting to collect a valid debt. Follow the steps below in order to ensure that you make every attempt to receive the compensation you are owed.

Legally Validate Your Debt

Find all evidence and proof of the debt that the deceased owed to you. All information and documentation regarding these debts should be provided to the probate court.

Locate the Correct Probate Court

You will need to determine which probate court you will need to submit your documentation and evidence to in order to attempt to receive the compensation you are owed. You may be able to contact the different probate courts throughout your area, or the area in which the debtor lived. Provide the identifying information such as the name of the debtor to the clerk of the court, and they will likely be able to research and look up whether or not that person has an estate that is currently undergoing probate in their court. In some circumstances, a probate court will require a person to visit in person in order to obtain this information.

Visiting the Probate Court

After you make the determination regarding which probate court you should supply your evidence and documentation to regarding your valid claim, you may need to visit the probate court with your evidentiary proof. Always call ahead because certain circumstances (such as the COVID-19 pandemic) may have a court require that documents be submitted electronically instead. In any case, you will need to officially submit your claim and file it with the court.

Submit a Letter to the Personal Representative

If it is not possible due to distance or other circumstances for you to visit the probate court, you may attempt to handle your probate claim through the mail by sending a letter to the personal representative handling the decedent’s estate.

Contact an Experienced Estate Attorney Today

You have the legal right under the law to obtain compensation from the estate of a person who owed you money. The process may be a complicated one, so to ensure that your legal rights remain protected, contact an experienced Probate Attorney in New Jersey at the law firm of Giro Law at 201-690-1642. We can work with you to ensure your legal rights remain protected and help you with your next steps to obtain the compensation you are owed.


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