Detailed answer — overview of the rule and effect of a late claim

When someone dies, the estate’s personal representative must notify known and unknown creditors that they have a limited time to present claims against the estate. In West Virginia, the statutory notice process and deadlines are contained in the West Virginia Code governing probate (see Chapter 44). Creditors generally must present their claims within the time set by those notices. If a creditor files a claim after the statutory notice period has run, the claim is typically barred — the estate can object and the court will usually refuse to allow the late claim unless the creditor shows a recognized exception or the court exercises its discretion to permit the late filing.

For the statutory framework, see West Virginia Code, Chapter 44 (probate provisions): https://code.wvlegislature.gov/44/. Specific statutory sections describe notice to creditors and presentation of claims; examining Chapter 44 will show the applicable provisions for your situation.

How the 90‑day (statutory) notice process typically works

• The personal representative publishes notice to creditors in a local newspaper and usually mails notice to known creditors.
• The published notice establishes a deadline (commonly 90 days after the first publication) by which creditors must present their claims to the estate.
• Creditors who timely present allowed claims may be paid from estate assets according to the priority rules in the probate code.

What “barred” means and immediate consequences

If a claim is filed after the deadline without an accepted justification, the claim is ordinarily barred — that means the estate’s representative can object and ask the probate court to disallow the claim. A barred claim will not be paid from estate assets and the creditor normally loses the ability to collect from the probate estate. Secured creditors, or creditors with non-probate remedies (for example, liens, or possessions they can reclaim), have separate rights that may not depend on the probate deadline.

Common exceptions and reasons a late claim might still be allowed

West Virginia courts may allow a late claim in certain circumstances. Typical exceptions or grounds to seek relief include:

• Lack of proper notice: If the creditor did not receive the required mailed notice and the published notice did not reasonably inform the creditor, a court may allow the late claim.
• Excusable neglect or unavoidable delay: If the creditor can show a valid excuse (for example, serious illness, fraud, or other excusable neglect) that prevented timely filing, the court may permit the claim.
• Claims discovered after the period (after-discovered claims): Some claims arise after the notice period or were not discoverable earlier; courts sometimes entertain these with appropriate proof of why the claim could not have been presented earlier.
• Equitable relief: In rare cases where strict application of the deadline would produce an unfair result, a court may exercise equitable powers and allow the claim.

These exceptions are fact-intensive and not automatic. The creditor usually must file a petition with the probate court asking permission to file the late claim and present affidavits or other evidence supporting the excuse.

What the personal representative (executor/administrator) should do

1. Review the probate file and the published notice records to confirm the statutory deadline and what notices were sent.
2. If a late claim is filed, determine whether it is facially valid, whether it is secured or non‑probate, and whether any exceptions might apply.
3. File a formal objection to the claim if you believe it is barred. Ask the court to disallow the claim and schedule any necessary hearing.
4. If the estate cannot pay its bills, consult probate counsel about handling contested claims and protecting estate assets pending resolution.

What a creditor should do if their claim is late

1. Act quickly. File the claim with the probate court and provide a sworn statement explaining why the claim is late.
2. Gather evidence supporting any excuse — proof of lack of notice, medical records, postal receipts, correspondence, or other documentation that shows why filing on time was impossible or unreasonable.
3. File a petition asking the court to allow the late claim (often called a motion to allow or for leave to file out of time). Follow local probate court rules for pleadings and service.
4. Be prepared to negotiate with the personal representative; some estates resolve late claims by compromise rather than litigation.

Practical examples (hypothetical)

Example A — no notice: A creditor did not receive mailed notice and did not learn of the decedent’s death until 6 months later. The creditor files a claim and asks the court to allow it because they lacked notice. The court may permit the late claim if the creditor proves they did not receive notice and the personal representative did not properly notify known creditors.

Example B — undiscovered claim: A medical provider discovers a billing error after the deadline and files a claim. If the provider shows the debt could not reasonably have been presented earlier, the court may consider allowing it.

Example C — simple tardiness: A routine unsecured creditor misses the published 90‑day deadline with no convincing excuse. The personal representative objects and the court typically bars the claim.

Where to look in the West Virginia statutes

West Virginia’s probate and estate statutes are collected in Chapter 44 of the West Virginia Code. Review Chapter 44 for the statutory notice, presentment, and claims procedures. Chapter 44 (probate provisions): https://code.wvlegislature.gov/44/.

Because specific section numbers and procedural requirements can vary with case facts, review the code and local probate rules or consult a West Virginia probate attorney for precise guidance.

Helpful hints

• Don’t assume a late claim is hopeless — gather documentation and file promptly to preserve any chance of relief.
• If you are the personal representative, document all mailed notices and publications to support objections to late claims.
• Secured creditors should review their security interests; in some cases they may have remedies outside probate.
• Keep probate timelines in mind: missed deadlines can end collectors’ rights against the estate but may not eliminate other collection avenues.
• When in doubt, consult a probate attorney quickly — both creditors and representatives have time-sensitive obligations in probate matters.