Detailed Answer
When someone dies in Missouri, the personal representative must notify potential creditors to ensure valid claims against the estate are presented and paid. Missouri law sets out two main notice methods: publication and direct mail to known creditors.
Publication Notice
Under Mo. Rev. Stat. § 473.360, the personal representative must publish a notice to creditors once a week for three consecutive weeks in a newspaper of general circulation in the county where probate is pending. The notice must include the case number, the name of the decedent, and the deadline for filing claims.
Notice to Known Creditors
Within 30 days after appointment, the representative must mail a copy of the published notice to each creditor whose name and address are reasonably ascertainable, including medical providers and debt collectors. Sending notice by certified mail, return receipt requested, provides proof of service and helps protect the estate.
Claim Filing Deadlines
Missouri law establishes strict deadlines for filing claims against the estate:
- General creditors must present claims within six months after the date of first publication of notice. (Mo. Rev. Stat. § 473.310)
- Known creditors personally served must present claims within 30 days after service of written notice. (Mo. Rev. Stat. § 473.310)
Any claim not filed within these deadlines is barred and cannot be enforced against the estate.
Special Considerations for Medical Debt Collectors
Medical debt collectors count as creditors under Missouri law. To ensure proper notice:
- Review decedent’s medical records and billing statements to identify providers and collection agencies.
- Include all medical debt collectors in the list of known creditors for direct mail notice.
- Use certified mail with return receipt to document delivery.
If a medical creditor’s identity or address is unknown, the publication notice serves as legal notice.
Helpful Hints
- Begin identifying potential creditors early by gathering all bills and statements.
- Use certified mail with return receipt to document direct notices.
- Retain copies of newspaper publications as proof of compliance.
- Check local probate court rules for specific newspaper and timing requirements.
- Consider consulting a probate attorney for complex or high-value estates.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney in Missouri.