- If you are entitled to an inheritance from the estate of a loved one, you do not have to take any action to claim it. Once all of the debts from the estate are paid, the executor will then take the money or assets that you are entitled to and transfer them to your possession. If the asset is not big enough to pay off debts and still leave you anything, then you will not inherit anything.
- If you are a creditor, you may find out about the death of the debtor in the newspaper. Typically, the executor will file a notice of death to creditors in the newspaper. At that point, you should gather any documentation that you have about the debt that is owed. For example, if you made a personal loan to the deceased individual, you need to find the original loan documentation with his signature included.
- If you were owed money by the deceased, you will need to make a claim against the estate to ensure that you are paid. To begin this process, you should contact the executor of the estate. The executor of the estate has the authority to pay any legitimate debts out of the assets of the estate. If the claim is legitimate and you have the appropriate documentation, the executor will pay you for the amount owed.
- In some cases, the executor may not be willing to pay the debt. If she believes that the debt is not accurate or enforceable, she may dispute the claim. In this case, the probate court will have to get involved. You will need to visit the local probate court and file an official claim. Then the probate judge will have a hearing where you present your evidence and the executor argues in favor of the deceased. The probate court will then be in charge of determining whether you are paid.
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