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Claims Against Estates

The Bailey Law Firm is experienced in assisting indivdiual and business creditors with the collection of debts owed by deceased individuals from the debtor's estates.

Why Do I Need to File A Claim?
Under state law, if a deceased person owes you money, and if you do not file a claim, then the executor does not have to pay the debt and you may be forever barred from collecting the debt.

How Do I File A Claim?
You must complete and sign a claim form and attach documentation to the form which supports your claim that the decedent owes you money. The completed and signed claim form must be filed with the clerk of the court in which the decedent's estate is being probated. A filing fee must accompany the claim form.

What If I File Late?
In Tennessee, a claim must be filed within 4 months of the first date of publication of notice to creditors in the local newspaper. In Mississippi, the creditors period is 90 days. Although a few exceptions exist, the general rule is that if you file your claim late, then you are forever barred from collecting the debt.

Can The Executor Refuse to Pay My Claim Even If I File On Time?
Yes. The executor can except to, or deny liability for, your claim. After such exception or denial is made by the executor, the matter is set for hearing before the court.


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