What you get
- An editable Word document, drafted from your answers and the state's published law.
- A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
- Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.
What the intake asks
Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.
The decedent
- Decedent's full legal name
- Death and domicile
- Court and estate
- Personal representative (executor or administrator)
- Where claims are presented
The notice
- Date of first publication
- Newspaper
- Known or reasonably ascertainable creditors
- Did the decedent receive Medicaid or other public benefits
- Proof of publication and mailing
Signature
- Signing attorney
- Other instructions or open decisions
Where it is offered
Every state Lawsmith has sources for:
CaliforniaConnecticutDelawareDistrict of ColumbiaFloridaMarylandMassachusettsNew JerseyNew YorkOhioPennsylvaniaTexasVirginia
Sources on file
The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.
| State | Sources for this document |
|---|---|
| California | 42 |
| Connecticut | 21 |
| Delaware | 12 |
| District of Columbia | 12 |
| Florida | 15 |
| Maryland | 17 |
| Massachusetts | 15 |
| New Jersey | 19 |
| New York | 23 |
| Ohio | 17 |
| Pennsylvania | 19 |
| Texas | 19 |
| Virginia | 17 |
Among them, for New Jersey:
- N.J.S.A. 3B:14-40 No actions against personal representatives within 6 months of grants of letters; exceptions; execution
- N.J.S.A. 3B:15-23 Proof of order to limit creditors required in certain cases
- N.J.S.A. 3B:22-10 Presentation of claim
- N.J.S.A. 3B:22-11 Acceptance or rejection of claim
- N.J.S.A. 3B:22-12 Action on unrejected claim
The law on file, state by state
What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.
California
- Cal. Prob. Code § 9050. Notice of administration to known or reasonably ascertainable creditors statute
Subject to section 9054, the personal representative must give notice of administration to the decedent's known or reasonably ascertainable creditors, delivered under section 1215;
- Cal. Prob. Code § 9000. Claim and creditor defined for creditor claims statute
A claim is a demand for payment, whether due or not, accrued or not, contingent, liquidated or unliquidated, for a liability of the decedent in contract, tort or otherwise, for taxes incurred before death (other than…
- Cal. Prob. Code § 9053. Personal representative's liability for giving or not giving creditor notice; duty of diligence statute
A personal representative who gives notice in the belief it may be required is not liable for giving it, and is not liable for failing to give required notice unless a creditor shows bad faith, lack of actual knowledge…
- Cal. Prob. Code § 9150. Filing the claim with the court and serving the personal representative statute
A claim may be filed by the creditor or a person acting for the creditor; it must be filed with the court with a copy served on the personal representative (or one later appointed) within the later of 30 days after…
- Cal. Prob. Code § 58. Personal representative and general personal representative defined statute
Personal representative means an executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting under section 7660, or a person…
- Cal. Prob. Code § 9051. Deadline for giving notice to creditors statute
Notice to a creditor must be given within the later of four months after letters are first issued or 30 days after the personal representative first has knowledge of the creditor.
- Cal. Prob. Code § 9052. Statutory form of the notice of administration to creditors statute
The creditor notice must be in substantially the statutory form, naming the estate, personal representative, case number and court and telling the creditor to file the claim with the court and deliver a copy to the…
- Cal. Prob. Code § 9054. Known creditors who need not receive notice statute
Notice need not be given to a known creditor who has already filed a claim, or whose demand the personal representative elects to treat as a claim under section 9154.
- Cal. Prob. Code § 9250. Allowance or rejection of claims; required contents; 90-day statement statute
- Cal. Prob. Code § 9251. Court approval of allowed claims without independent administration statute
Connecticut
- Conn. Gen. Stat. § 45a-364. Hearing on rejected claims by Probate Court. Referral of claim to probate magistrate or attorney probate referee for hearing statute
Connecticut procedure letting a claimant whose claim is rejected apply within thirty days of rejection for the Probate Court to hear and decide it or refer it to a probate magistrate or attorney probate referee;
- Conn. Gen. Stat. § 45a-378. Notice to creditors. Presentation of claims; effect of failure to present claim. Discretionary extension of time statute
Connecticut rule for insolvent estates: within fourteen days after the insolvency determination the court publishes newspaper notice that claims must be presented to the named fiduciary within one hundred fifty days of…
- Connecticut Probate Courts form PC-234, Fiduciary's Notice to Creditors to Present Claims official form
Official Connecticut Probate Courts form a fiduciary may send, by registered or certified mail, notifying a creditor that any claim must be presented in writing to the fiduciary at the stated address by a stated date…
- Conn. Gen. Stat. § 45a-357. Optional notice procedures; effect of failure to present claim; discretionary extension of time; exoneration statute
Connecticut optional procedure letting a fiduciary notify any person believed to have a claim that it must be presented by a stated date at least ninety days from the notice, naming the fiduciary's address, and a…
- Connecticut Probate Courts, Probate Court User Guide: Administration of Decedents' Estates guidance
Official guide published by the Office of the Probate Court Administrator describing Connecticut estate administration step by step: filing PC-200 in the district of domicile with copies to heirs and beneficiaries and…
- Conn. Gen. Stat. § 45a-354. Notice to creditors statute
The court causes newspaper notice to creditors, which starts the claim period the following sections run on. The executor's early calendar item.
- Conn. Gen. Stat. § 45a-363. Suit against estate on rejected claim; time within which to commence suit or file application statute
Connecticut rule that a claimant may not sue until the claim is rejected in whole or part, and a claimant who does not sue within one hundred twenty days after rejection, or timely apply for a Probate Court hearing…
- Conn. Gen. Stat. § 45a-383. Settlement of estate without claims procedures statute
Connecticut rule that when the estate, after the spouse's exempt articles and family support allowance, will not exceed funeral expenses, settlement expenses, last-sickness expenses and taxes and claims due Connecticut…
- Conn. Gen. Stat. § 45a-126. Giving of public notice statute
Connecticut rule that where public notice is required in a probate matter it is given by publication in a newspaper circulating in the district for the time the court directs, with such further notice as the court…
- Conn. Gen. Stat. § 45a-353. Definitions statute
Connecticut definitions for the claims provisions (sections 45a-353 to 45a-384), including fiduciary, assets, beneficiary, claim (existing at death or arising after, mature or contingent, in tort or otherwise),…
Delaware
- Delaware Court of Chancery Rule 191. Presentation of Claims Against an Estate to the Register of Wills court rule
Court of Chancery rule that a claimant filing a claim with the Register of Wills under 12 Del. C.
- 12 Del. C. § 2101. Notice to creditors to present claims; publication statute
The published notice to creditors that starts the claim period. An early calendar item for the personal representative.
- 12 Del. C. § 2109. Barring of claims against estates when no letters have been granted within 10 years from death statute
Delaware rule that if no letters are granted within 10 years of death, all claims of creditors and others beneficially interested in the estate are barred, except claims evidenced by mortgage or judgment, which follow…
- 12 Del. C. § 2102. Limitations on claims against estate statute
The limitation period for claims against a Delaware estate, which is short. Diary it when letters are granted.
- 12 Del. C. § 2105. Order of preference of claims against estate statute
The order in which claims are paid when the estate cannot pay everything. Use it for an insolvent estate; do not let an executor pay out of turn.
- 12 Del. C. § 2107. Payment of claims after 3 months without notice of higher priority statute
- 12 Del. C. § 2103. Debts of which notice is presumed statute
Delaware rule that an executor or administrator is deemed to have notice only of mortgages (not the accompanying bonds) and of judgments that were liens on real estate at death and are of record in the county where…
- 12 Del. C. § 2104. Manner of presentation of claims statute
How a creditor must present a claim. A personal representative who receives a conforming demand has received a claim.
- 12 Del. C. § 2106. Petition to Court of Chancery to determine order of preference statute
Delaware procedure letting an executor or administrator who cannot determine the order of preference among two or more creditors petition the Court of Chancery, which summons the parties and determines the order;
- 12 Del. C. § 2317. Abatement statute
Delaware order of abatement: except for the elective share, distributees' shares abate, personal property before real property within each class, in the order of intestate property, residuary, general and then specific…
District of Columbia
- D.C. Code § 20-704. Notice of appointment to interested persons, creditors and unknown heirs statute
Within 20 days after appointment, the personal representative publishes notice of appointment once a week for two successive weeks, stating whether administration is supervised and notifying creditors;
- D.C. Code § 20-901. Claim not paid in normal course of administration statute
No proceeding to enforce a claim against a decedent's estate may be revived or commenced before a personal representative is appointed;
- D.C. Code § 20-903. Limitation on presentation of claims against the estate statute
Except as statute provides for claims of the United States and the District, all claims against the estate, of every kind, are barred against the estate, the personal representative, heirs and legatees unless presented…
- D.C. Code § 20-1302. Liability of heir or legatee to creditor statute
After closing, an unbarred claim may be brought against distributees, but no heir or legatee is liable beyond the value of the distribution at distribution or suit, whichever is lower, and distributees have contribution…
- D.C. Code § 20-902. Effect of statute of limitations statute
Unless the will expressly provides otherwise, a claim barred by limitations at death may not be allowed or paid, and in an action against the estate the period from death until six months after first publication of the…
- D.C. Code § 20-905. Manner of presentation of claim statute
A claimant presents a claim by delivering or mailing, return receipt requested, a verified written statement of the claim to the personal representative with a copy to the Register, or to the Register with a copy to the…
- D.C. Code § 20-908. Action on claims; remedy for failure to act statute
For timely presented claims, the personal representative mails each claimant notice that the claim is allowed in a stated amount, disallowed in whole or part with the procedure and time to contest, or will be referred…
- D.C. Code § 20-909. Payment of claim statute
Within eight months after first publication, unless the Court extends the time, the personal representative pays allowed claims in § 20-906 order, and an unpaid claimant may petition for an order to pay.
- D.C. Code § 20-102. Verification statute
A writing Title 20 requires to be verified is sufficient if signed with the statutory declaration that its contents are true and correct to the best of the signer's knowledge, information and belief.
- D.C. Code § 20-906. Order of payment statute
Florida
- Fla. Prob. R. 5.498. Personal representative's proof of claim (Florida Probate Rules, October 15, 2026) court rule
Florida court rule requiring a personal representative's proof of claim to state for each claim its basis, amount, claimant's name and address, any security, whether it is matured, unmatured, contingent or unliquidated,…
- Fla. Prob. R. 5.499. Form and manner of objecting to personal representative's proof of claim (Florida Probate Rules, October 15, 2026) court rule
Florida court rule requiring an objection to a personal representative's proof of claim to be written and filed by the later of four months after first publication or 30 days after the proof is filed, to identify the…
- Fla. Stat. § 733.2121. Notice to creditors; filing of claims statute
Florida text requiring the personal representative, unless claims are barred by section 733.710, to promptly publish a notice to creditors stating the decedent's name, file number, court, the personal representative's…
- Fla. Prob. R. 5.241. Notice to creditors (Florida Probate Rules, October 15, 2026) court rule
Florida court rule requiring the personal representative, unless claims are otherwise barred, to promptly publish a notice to creditors and serve it on all reasonably ascertainable creditors and, where required by law,…
- Fla. Prob. R. 5.490. Form and manner of presenting claim (Florida Probate Rules, October 15, 2026) court rule
Florida court rule requiring a creditor's statement of claim to be verified and filed with the clerk, stating the basis, amount, creditor's name and address, any security, and whether the claim is due or uncertain (with…
- Fla. Stat. § 733.703. Form and manner of presenting claim statute
Florida text requiring a creditor to file a written statement of the claim, without any additional charge for filing, and allowing the personal representative, within the section 733.702 period, to file a proof of claim…
- Fla. Prob. R. 5.496. Form and manner of objecting to claim (Florida Probate Rules, October 15, 2026) court rule
Florida court rule requiring an objection to a claim (other than a personal representative's proof of claim) to be written and filed by the later of four months after first publication of the notice to creditors or 30…
- Fla. Stat. § 733.702. Limitations on presentation of claims statute
The creditor claim deadline in a Florida estate, generally three months from the first publication of the notice to creditors or thirty days from service on a known creditor. Short and strictly applied; diary it.
- Fla. Stat. § 733.704. Amendment of claims statute
Florida text allowing the court, when a bona fide attempt to file a claim was made but the claim is defective in form, to permit amendment of the claim at any time. Read with section 733.703;
- Fla. Stat. § 733.705. Payment of and objection to claims statute
Florida text requiring the personal representative to pay claims within one year after first publication of the notice to creditors (extended for claims in litigation, unmatured or contingent claims, or for good cause),…
Maryland
- Maryland Register of Wills, Form RW1114. Notice of Appointment, Notice to Creditors, Notice to Unknown Heirs official form
Official published notice (rev. 10/01/2025), to be published three times, announcing the appointment, stating the six-month deadlines from appointment for objections to the appointment and to probate, and the creditor…
- Maryland Register of Wills, Form RW1128. Claim Against Decedent's Estate official form
Official verified claim form stating the amount due with the attached statement of account, with a certificate of delivery or mailing of a copy to the personal representative;
- Md. Code, Estates and Trusts § 7-103. Publication of notice of appointment statute
After appointment, the register causes notice of the appointment to be published once a week for three successive weeks in a newspaper of general circulation in the county, announcing the representative's appointment…
- Md. Code, Estates and Trusts § 7-104. Personal representative's report of notice and of heirs and legatees statute
Within 20 days after appointment, the personal representative delivers to the register the text of the first published notice and the names and addresses of the heirs and legatees known to the representative, so the…
- Maryland Register of Wills, Form RW1129. Notice of Disallowance official form
Official notice to a claimant stating the amounts allowed and disallowed and warning that the disallowed amount is forever barred against the estate and any revocable trust of the decedent-settlor unless the claimant…
- Md. Code, Estates and Trusts § 8-101. Enforcement of claims only after appointment statute
Except under § 8-104, a proceeding to enforce a claim against a decedent's estate may not be revived or commenced before a personal representative is appointed;
- Md. Code, Estates and Trusts § 10-102. Claims against distributees after closing statute
After closing, an unbarred claim may be prosecuted against distributees, but no heir or legatee is liable beyond the value of the distribution at distribution or suit, whichever is lower, and distributees have…
- Md. Code, Estates and Trusts § 8-103. Limitation on presentation of claims statute
Except for claims of the United States or the State as statute provides, every claim is forever barred unless presented by the earlier of six months after death or two months after the personal representative mails or…
- Md. Code, Estates and Trusts § 8-104. Presentation of claims statute
A claimant may present a claim by delivering or mailing to the personal representative a verified written statement of its basis, the claimant's name and address and the amount (stating any due date, contingency or…
- Md. Code, Estates and Trusts § 8-105. Order of payment of claims statute
Massachusetts
- Mass. Gen. Laws ch. 118E, § 32. Death certificate and probate petition to division; claims against estate statute
Massachusetts probate procedure for estate recovery: a petition to probate a will or for administration must include a sworn statement that the petition and death certificate were sent to the division by certified mail,…
- Massachusetts Probate and Family Court, MUPC Estate Administration Procedural Guide: Informal Proceedings guidance
Official Probate and Family Court procedural guide chapter on informal probate and appointment.
- Mass. Gen. Laws ch. 190B, § 3-306. Informal probate; notice requirements statute
Massachusetts notice for informal probate or appointment: 7 days before petitioning, the petitioner delivers or mails written notice to all heirs and devisees, anyone with a prior or equal right to appointment who has…
- Mass. Gen. Laws ch. 190B, § 3-802. Statute of limitations statute
Massachusetts rule that, unless the estate is insolvent, the personal representative may waive a limitations defense only with the consent of all affected successors, and otherwise no claim barred by limitations at…
- Mass. Gen. Laws ch. 190B, § 3-803. Limitations on presentation of claims statute
The claim limitation period, generally one year from death in Massachusetts, which is short and unforgiving. Diary it the day the personal representative is appointed.
- Mass. Gen. Laws ch. 190B, § 3-804. Manner of commencement of claims statute
A creditor's claim against a Massachusetts estate MUST BE COMMENCED BY A PROCEEDING AGAINST THE PERSONAL REPRESENTATIVE in a court with jurisdiction over that representative, within the time limited for presenting the…
- Mass. Gen. Laws ch. 190B, § 3-805. Classification of claims statute
The order in which claims are paid when the estate cannot pay everything. Use it when advising on an insolvent estate; do not let a personal representative pay a sympathetic creditor first.
- Mass. Gen. Laws ch. 190B, § 3-806. Allowance of claims statute
Massachusetts rule that a judgment against a personal representative in another court enforcing a claim against the estate is an allowance of the claim, and that allowed claims bear interest at the legal rate from…
- Mass. Gen. Laws ch. 190B, § 3-807. Payment of claims statute
Massachusetts rules for paying claims: after the § 3-803 period the personal representative pays allowed claims by priority after providing for family allowances and pending or unbarred claims;
- Mass. Gen. Laws ch. 190B, § 3-810. Claims not due and contingent or unliquidated claims statute
Massachusetts rule that a future, contingent or unliquidated claim that becomes due or certain before distribution and has been allowed is paid like a present claim of its class, and otherwise the representative or…
New Jersey
- N.J.S.A. 3B:22-4 Limitation of time to present claims of creditors to personal representative; discharge of personal representative where claim is not duly presented before distribution statute
Creditors must present their claims to the personal representative in writing and under oath, stating the amount claimed and its particulars, within nine months from the decedent's death;
- N.J.S.A. 3B:22-14 Direction of court before paying claims not presented within 9-month period statute
A personal representative may not be compelled to pay a claim not presented within the period of N.J.S.
- N.J.S.A. 3B:22-6 Payment of claim not legally presented; effect; allowance in personal representative's account statute
- N.J.S.A. 3B:22-8 Commencement of action by creditor on disputed claim within 3 months after notice statute
Within 3 months after receiving notice that a claim or part of it is disputed, the creditor must commence an action on the disputed amount;
- N.J.S.A. 30:4D-7.2 Lien against recovery sought from estate of recipient, "estate" defined. statute
A lien may be filed and recovery sought from the estate of a deceased recipient for assistance correctly paid for services received at 55 or older (for deaths on or after April 1, 1995 with payments on or after October…
- N.J.S.A. 3B:14-40 No actions against personal representatives within 6 months of grants of letters; exceptions; execution statute
To let personal representatives examine the estate and ascertain its value and debts, no action other than for funeral expenses may be brought or maintained against them within 6 months after letters are granted, unless…
- N.J.S.A. 3B:15-23 Proof of order to limit creditors required in certain cases statute
An order discharging an executor, administrator with the will annexed, substituted administrator or administrator may be made only on proof that nine months have elapsed after entry of an order to limit creditors under…
- N.J.S.A. 3B:22-13 Failure to sue after notice to perfect claim; claim debarred statute
A creditor who does not commence an action on the claim within 1 month after being notified under N.J.S.
- N.J.S.A. 3B:22-10 Presentation of claim statute
Where the estate's assets exceed what is needed to pay claims presented within the nine-month period of N.J.S.
- N.J.S.A. 3B:22-11 Acceptance or rejection of claim statute
Text, following N.J.S. 3B:22-10 on claims presented after the nine-month period: a personal representative satisfied that a claim is correct pays it, or so much as the assets available for distribution permit;
New York
- N.Y. Surrogate's Court Procedure Act § 1805. Determination of issues arising between representative and the estate; suspension of statute of limitations in certain cases statute
A fiduciary may not pay himself or herself a debt claimed from the decedent until it is proved and allowed on the judicial settlement of the account, though the fiduciary may petition for permission to pay it sooner,…
- N.Y. Surrogate's Court Procedure Act § 1803. Form and verification of claims; service of notice statute
Every claim other than administration expenses and claims of the United States or New York must be in writing and state the facts on which it rests and its amount, and the fiduciary may require an affidavit that the…
- N.Y. Surrogate's Court Procedure Act § 1804. Contingent or unliquidated claims; retention of assets for estate taxes statute
A claimant or surety on a contingent or unliquidated claim may file an affidavit of the facts and probable amount with the fiduciary, and no distribution may be made without reserving the assets the court determines…
- N.Y. Surrogate's Court Procedure Act § 1809. Proceeding to determine validity and enforceability of claims statute
A fiduciary who knows a claim may be asserted, or questions a claim, may petition to require the claimant to show cause why it should not be disallowed, and a claimant whose presented claim has not been allowed in full…
- N.Y. Surrogate's Court Procedure Act § 1802. Effect of failure to present claim statute
- N.Y. Surrogate's Court Procedure Act § 1806. Allowance or rejection of claims statute
The fiduciary must promptly give the claimant written notice of allowance, or of rejection in whole or part, and a rejection must state the reasons;
- N.Y. Surrogate's Court Procedure Act § 1807. Effect of allowance of claim by fiduciary statute
A fiduciary's allowance of a claim other than the fiduciary's own establishes its validity, but a party adversely affected may object in the accounting that it was improperly allowed or fraudulently or negligently paid;
- N.Y. Surrogate's Court Procedure Act § 1808. Effect of rejection of claim by fiduciary statute
Except as § 1810 provides, issues on a rejected claim are tried on the judicial settlement of the fiduciary's account, which must list each rejected claim and the reason, with the § 1806 notice of rejection served…
- N.Y. Surrogate's Court Procedure Act § 805. Bond of administrator, temporary administrator or administrator c.t.a. statute
An administrator, temporary administrator or administrator c.t.a. must file a bond before letters issue, but the court may dispense with or reduce it where the appointees take the whole estate or all persons interested…
- N.Y. Civil Practice Law and Rules § 210. Death of claimant or person liable; cause of action accruing after death and before grant of letters statute
The eighteen months after the death of a person against whom a cause of action exists is not counted in the time to sue that person's executor or administrator, and a deceased claimant's representative may sue within…
Ohio
- Ohio Standard Probate Form 7.0. Certification of Notice to Administrator of Medicaid Estate Recovery Program official form
Official Ohio standard probate form under R.C. 2117.061 and 5162.21, filed in the probate court after notice is given, certifying that the Medicaid estate recovery notice was served on Medicaid Estate Recovery at the…
- Ohio Standard Probate Form 7.0(A). Notice to Administrator of Medicaid Estate Recovery Program official form
Official Ohio standard probate form under R.C. 2117.061 and 5162.21, sent to the Medicaid Estate Recovery administrator (not filed in court and not a public record) when the estate is subject to recovery, stating the…
- Ohio Rev. Code § 2117.061. Notice to administrator of Medicaid estate recovery program statute
Ohio text requiring the executor, administrator, commissioner or applicant for release from administration of the estate of a decedent subject to the Medicaid estate recovery program, or of that decedent's spouse, to…
- Ohio Rev. Code § 2117.02. Presentation of fiduciary's own claim to probate court statute
Ohio text requiring an executor or administrator to present any claim the fiduciary holds against the estate to the probate court for allowance within three months after appointment;
- Ohio Rev. Code § 2117.01. Debts due an executor or administrator statute
A personal representative may not simply pay their own claim against the estate; the section governs how it is handled. Tell a family member serving as executor that their own loan to the decedent needs the proper route.
- Ohio Rev. Code § 2117.06. Presentation and allowance of creditors' claims statute
Creditor claims must be presented within SIX MONTHS after the decedent's death, and the section is strictly applied. Diary it the day letters are granted.
- Ohio Rev. Code § 2117.41. Payment of contingent claims after settlement of estate statute
Ohio text allowing a claimant whose contingent claim accrues as section 2117.37 describes to sue the heirs, next of kin, surviving spouse, devisees and legatees, each liable up to the value of property received under…
- Ohio Rev. Code § 2117.07. Acceleration of bar against claims of potential claimants statute
Ohio text allowing an executor or administrator to accelerate the section 2117.06 bar by written notice to a potential claimant identifying the decedent, the date of death and the fiduciary's name and mailing address,…
- Ohio Rev. Code § 2117.08. Authentication of claims statute
Ohio text allowing the executor or administrator to require satisfactory written proof of a presented claim and the claimant's affidavit that it is justly due, that no payments have been made, and that there are no…
- Ohio Rev. Code § 2117.11. Rejection of a claim statute
Ohio text requiring the executor, administrator or receiving distributee to reject a claim by written notice of disallowance given under Civil Rule 73, effective by mail on delivery at the address given;
Pennsylvania
- Pennsylvania Supreme Court Form OC-07, Notice of Claim (Filed Pursuant to 20 Pa.C.S. § 3532) official form
Official Supreme Court statewide form OC-07 (Notice of Claim, filed under 20 Pa.C.S.
- 20 Pa.C.S. § 3383. Statutes of limitations; claims not barred at death. statute
Death does not stop the running of the statute of limitations on a claim against the decedent, but a claim that would otherwise be barred within one year after death is not barred until one year after death;
- 20 Pa.C.S. § 3384. Notice of claim. statute
Written notice of a claim given to the personal representative or the personal representative's attorney of record before the claim is barred tolls the statute of limitations, and equivalent acts include instituting…
- 20 Pa.C.S. § 3391. Proceeding against personal representative. statute
A proceeding may be brought against a personal representative or the surety in the county where letters were granted, and a representative or surety living elsewhere may be served personally, by a deputized sheriff of…
- 20 Pa.C.S. § 3532. At risk of personal representative. statute
A personal representative may distribute real or personal property at the representative's own risk without an account, free of liability to any claimant whose claim was not known within one year after the first…
- 55 Pa. Code § 258.4. Request for statement of claim. regulation
Regulation text: the personal representative must ascertain whether the decedent received medical assistance services in the 5 years before death and, if so, send the Department a notice requesting a statement of claim,…
- 55 Pa. Code § 258.8. Liability of personal representative. regulation
Regulation text: the personal representative must see that the Department's claim is presented to the court and, unless collection is postponed, paid after superior claims, and is personally liable if property subject…
- 20 Pa.C.S. § 3162. Advertisement of grant of letters statute
The personal representative must advertise the grant of letters IMMEDIATELY AFTER THE GRANT, in a local newspaper of general circulation and any court-designated legal periodical, ONCE A WEEK FOR THREE SUCCESSIVE WEEKS,…
- 20 Pa.C.S. § 3381. Liens and charges existing at death not impaired. statute
Nothing in Title 20 impairs any lien or charge on the decedent's real or personal estate that existed at death. Relevant to claim-bar and purchaser-protection provisions that expressly preserve existing liens.
- 20 Pa.C.S. § 3385. Limitation upon claims. statute
Subject to §§ 3381 and 3382, all claims against the decedent become unenforceable, one year after death, against a bona fide grantee or lienholder of the decedent's real property who acquired the interest for value from…
Texas
- Tex. Est. Code § 308.052. Proof of publication of notice to creditors statute
Texas text requiring a copy of the published general notice to creditors under section 308.051(a)(1), with the publisher's sworn affidavit that it was published as the title provides for publication, to be filed in the…
- Tex. Est. Code § 308.051. Required notice to creditors (published) statute
A personal representative must, WITHIN ONE MONTH AFTER RECEIVING LETTERS testamentary or of administration, publish notice in a newspaper of general circulation in the issuing county requiring EACH CLAIMANT AGAINST THE…
- Tex. Est. Code § 355.001. Presentment of claim to personal representative statute
Texas text allowing a claim to be presented to a personal representative at any time before the estate is closed, provided suit on the claim is not barred by the general statutes of limitation.
- Tex. Est. Code § 355.052. Failure to timely allow or reject claim statute
Texas text treating a personal representative's failure to allow or reject a claim within the section 355.051 period as a rejection.
- Tex. Est. Code § 308.053. Required notice to secured creditor statute
Reaches SECURED claims only; no publication required. The PERSONAL REPRESENTATIVE must notify each known holder of a claim secured by estate property of the issuance of letters within two months of receiving them, and…
- Tex. Est. Code § 308.054. Permissive notice to unsecured creditor statute
Texas text allowing a personal representative, at any time before administration closes, to send an unsecured creditor with a money claim notice by a qualified delivery method.
- Tex. Est. Code § 308.056. Liability for failure to give required notice to creditors statute
Texas text making a personal representative who fails to give, or cause to be given, a notice required by section 308.051 or 308.053, together with the sureties on the representative's bond, liable for damage a person…
- Tex. Est. Code § 355.060. Unsecured claims barred after permissive notice statute
Texas text barring an unsecured creditor's money claim when the personal representative gave the section 308.054 notice and the claim is not presented before the 121st day after the creditor received it.
- Tex. Est. Code § 403.055. Unsecured claims in independent administration; barring of claims statute
Texas text requiring an unsecured creditor with a money claim who receives a section 308.054 notice to give the independent executor notice of the nature and amount of the claim before the 121st day after receiving it,…
- Tex. Est. Code § 403.056. Notices required by creditors in independent administration statute
Texas text requiring a creditor's notice to an independent executor under sections 403.052 and 403.055 to be in a writing complying with section 355.004 sent by a qualified delivery method to the executor or the…
Virginia
- Virginia Code § 64.2-508.1. Notice to creditors for presentation of claims against decedent statute
Enacted 2026 (c. 382): on qualification the personal representative may publish a notice to creditors once a week for two consecutive weeks in a newspaper of general circulation where the representative qualified, and…
- Virginia form CC-1686: Notice to Creditors Regarding Estate (Va. Code § 64.2-508.1) official form
Official notice form (revised 07/26) for the optional § 64.2-508.1 creditor notice, stating the claim deadline as the later of at least six months after first publication or 90 days after mailing, the limit on the…
- Virginia form CC-1687: Affidavit of Notice to Creditors Regarding Estate official form
Official affidavit (revised 07/26) under § 64.2-508.1 stating that the notice was published once a week for two consecutive weeks with proof attached, listing persons to whom copies were mailed or delivered, and…
- Virginia Code § 64.2-532. Real estate of decedent as assets for payment of debts statute
- Virginia Code § 64.2-552. How claims filed before commissioners of accounts; tolling of limitations period statute
A person seeking to prove a debt files the claim in writing with the commissioner of accounts, who endorses the filing date.
- Virginia Code § 64.2-556. Order to creditors to show cause against distribution of estate to legatees or distributees statute
After a report of accounts and debts is filed and six months have passed since qualification, the court may, on motion of the representative, a legatee or distributee, order creditors and interested persons to show…
- Virginia Code § 64.2-529. Creditors to be paid in order of their classification; class paid ratably statute
No class is paid until all preceding classes are paid in full, and an insufficient class is paid ratably.
- Virginia Code § 64.2-550. Proceedings for receiving proof of debts by commissioners of accounts statute
On request of the personal representative, a creditor, legatee or distributee, or on the commissioner's own motion, the commissioner of accounts conducts a hearing to receive proof of debts, publishing notice at least…
- Virginia Code § 64.2-553. When court to order payment of debts statute
On confirmation of a report of accounts and debts under Chapter 12, the court orders payment of the debts from estate assets and may reserve funds for contingent claims or claims not yet resolved, paying creditors of…
- Virginia Code § 64.2-557. Form for notice to show cause under § 64.2-556 statute
Supplies a form of show cause order reciting the filed report of accounts and debts, that six months have elapsed since qualification, and ordering creditors and all others interested to show cause on a set day against…
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- Which states is the notice to creditors offered in?
- All 13 states Lawsmith covers: California, Connecticut, Delaware, District of Columbia, Florida, Maryland, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Texas and Virginia.
- Where do the citations come from?
- From the statutes, court rules, regulations and forms Lawsmith has saved from each state's government publishers, with the date each text was read and a label saying whether it is the official text. Before writing, the drafter must quote the saved text behind each citation; a citation with no checked quotation reaches you marked for verification.
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