Detailed Answer
Under Virginia law, the personal representative (formerly executor) must notify all creditors of the decedent’s estate. These notices protect the estate from late claims and ensure fair distribution to beneficiaries. Both known and unknown creditors—including medical debt collectors—must receive notice within strict timeframes.
Notice by Publication and Mail (Va. Code §64.2-613)
Within two months after qualification, the personal representative must:
- Publish a notice to creditors once in a newspaper of general circulation in the county where the estate is probated (Va. Code §64.2-613).
- Mail individual notice to creditors whose names and addresses are known.
The published notice must state that claims must be filed within six months after first publication or they are forever barred. Mailed notices must similarly set a six-month deadline from the date of mailing.
Time Frame for Filing Claims (Va. Code §64.2-614)
Creditors have six months from the date of first publication (or mailing, if applicable) to file proof of claim. Any claim not filed by this deadline is barred, subject to limited exceptions for secured claims and certain expenses (Va. Code §64.2-614).
Known vs. Unknown Creditors
Known creditors receive direct mail. Unknown creditors—which include debt collectors who do not have the decedent’s address—are reached by publication. Medical debt collectors generally fall into the known creditor category only if the estate’s records list their contact information.
Small Estate Administration (Va. Code §64.2-620)
If the estate’s personal property does not exceed $50,000 and there is no real property, the personal representative may opt for summary administration. In this process, no formal notice to creditors is required by statute, but creditors still retain the same six-month window to file claims.
Medical Debt Collectors
Medical debt collectors assert unsecured claims. They receive mailed notice only if listed on the estate inventory. If not listed, they must monitor published notices and file within six months of first publication.
Key Statutes:
- Va. Code §64.2-613 – Notice to creditors
- Va. Code §64.2-614 – Claims barred after notice
- Va. Code §64.2-620 – Small estate administration
Helpful Hints
- Meet the six-month deadline from the date of first publication or mailing.
- Maintain an accurate estate inventory listing all debts, including medical providers.
- Check local newspaper publications for notices to creditors.
- Consider small estate summary administration if eligible to simplify notice procedures.
- Consult a probate attorney if the estate includes disputed claims or large debts.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Virginia for advice on your specific situation.