Handling Claims
Another important responsibility of the personal representative is to notify creditors of the probate. Notice must be published in a legal newspaper in the county in which the probate is filed. Additionally, notice must be provided to known creditors and the Commissioner of Human Services. There are time limits in which creditors have the opportunity to make a claim against the estate’s assets. If a creditor fails to timely make a claim, the claim may be barred by the personal representative and the claim will not be paid. The time limit varies depending on the identity of the claimant and the time the claim arose.
It is important for the personal representative to keep track of claims. If a claim is disputed, the personal representative must mail a notice of the disallowance of the claim to the creditor within two months after the time for presentment has expired. Failure to disallow a claim in a timely manner has the effect of allowing the claim. If claims are not accounted for and paid, the personal representative could become personally liable for the debt.
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