Claim Against An Estate Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Claim Against An Estate, written in plain English, along with examples of how it is used.
What is Claim Against An Estate?
Upon the death of a person and before the distribution of his property and assets among his heirs any person to whom the deceased owed money should make a calim.The person who is responsible for managing the estate can disapprove the claim, approve it partly or disapprove it.If the claim is disapproved the claimant can initiate legal proceedings.The claim has to bae made after the death of the person is publicly announced to a few months as specified by the law,failing to do so the claim will not be considered.
History and Meaning of Claim Against An Estate
A claim against an estate is a legal action taken to collect a debt or to seek the distribution of assets from a deceased person's estate. When a person dies, their debts and assets become the responsibility of their estate, which is managed by a representative designated in the deceased person's will or by the court. Before the assets of the estate can be distributed to the heirs, any claims against the estate must be resolved.
A claim against an estate can be made by any person or entity that is owed money by the deceased, such as a creditor or a landlord. The representative of the estate has the authority to approve or disapprove the claim, or to approve it partially. If a claim is disapproved, the claimant may initiate legal proceedings to try to recover the debt.
Examples of Claim Against An Estate
Jane lends $10,000 to her neighbor, Bob, who dies before he can repay the loan. Jane makes a claim against Bob's estate to try to recover the money she is owed.
John rents a house to a tenant who dies during the lease term without paying the final rent payment. John makes a claim against the tenant's estate to try to recover the unpaid rent.
Susan is owed child support payments from her ex-husband, who dies before he can pay all of the arrears owed to her. Susan makes a claim against her ex-husband's estate to try to recover the unpaid child support.
Legal Terms Similar to Claim Against An Estate
- Probate: the legal process of administering an estate after someone dies, including resolving claims against the estate.
- Creditor: a person or entity that is owed money by someone else.
- Heir: a person who is entitled to receive assets from a deceased person's estate.
- Executor/Personal Representative: the person or entity responsible for managing an estate and resolving claims against it.
- Intestate: the term used when someone dies without a valid will, and their estate is distributed according to state law.