Detailed Answer — How to verify or contest a creditor’s payoff quote on an estate debt (Georgia)

If someone who owed money died and a creditor delivers a “payoff quote” saying how much must be paid to satisfy that debt from the estate, you can take a series of practical and legal steps to verify the quote and, if needed, dispute it. Below is a clear, step‑by‑step FAQ‑style guide under Georgia law on what to check, how to document problems, and what court procedures or consumer protections may help.

1. Confirm whether the debt is an estate obligation

Not every personal debt becomes an obligation of the estate in the same way. First, determine if the creditor’s claim is against the decedent’s probate estate (assets subject to administration) or if the debt is secured by property that passes outside probate (for example, a deed of trust or mortgage on real property that must be dealt with separately).

2. Ask the creditor for an itemized, written payoff quote

1. Request a written payoff statement that lists the principal balance, date of last activity, per‑diem or interest rate and calculation method, late fees, collection fees, and any other charges. Get the date through which the payoff is calculated.
2. Demand account statements covering the last 12 months (or longer if needed) to confirm balances and recent charges.

3. Verify the creditor’s math and legal basis for charges

• Check the contract or account agreement (credit card agreement, promissory note, mortgage, etc.) for the interest rate, allowed fees, and how interest accrues after death.
• Confirm whether interest continues to accrue after death under the agreement or whether the estate law limits interest accrual. For secured debt (mortgage), verify the payoff figure by contacting the loan servicer and checking the county deed/record for liens.
• Compare the creditor’s itemized amount to your own calculation. Ask the creditor to show how interest and fees were calculated from the date of death or last payment to the payoff date they quote.

4. Check probate status and creditor claims procedure in Georgia

If the decedent’s estate is open in probate, creditors normally must present claims to the estate or be barred after statutory notice and deadlines. Review the probate file (petition, inventory, claims filed) in the probate court where the estate is administered. Georgia’s rules on wills, administration, and creditor claims are in the Georgia Code (see Title 53). You can review Title 53 of the Georgia Code here: O.C.G.A. Title 53 (Georgia Code).

5. Confirm timeliness: was the claim filed and published properly?

In many Georgia administrations, personal representatives must publish notice to creditors and provide claim periods. If the creditor did not file a claim within required timeframes or otherwise did not follow the probate notice requirements, you may be able to contest or have the claim disallowed. Check the probate docket and notice documents. If you are the personal representative, follow the probate court’s process for handling claims.

6. Dispute the payoff in writing and preserve evidence

1. Send a written dispute to the creditor (and to the estate’s administrator/executor if you are not that person). State precisely which items you contest and request specific supporting documentation.
2. Use certified mail or another method that creates delivery records. Keep copies of all communications, statements, and receipts.

7. Use probate court tools to litigate a disputed claim

If the creditor persists and you believe the amount is incorrect, file an objection or petition in the probate court where the estate is being administered. The court can:

• Require the creditor to prove the debt and the claimed amount;
• Disallow or reduce a claim that lacks proof or is invalid; and
• Enter orders authorizing payment of valid debts and protecting the personal representative from liability for improper payments.

Because probate practice and claim procedures are governed by Georgia law, consult the probate court or local rules for the correct filing steps. You can find information on Georgia probate courts here: Georgia Judicial Branch — Probate Courts.

8. Consider federal and state consumer protections

If the payoff quote comes from a debt collector, the Fair Debt Collection Practices Act (FDCPA) and related FTC resources protect consumers from false statements and improper fees. See FTC guidance on debt collection: FTC — Debt Collection. Georgia’s Attorney General also enforces consumer protection laws; you can report unfair practices to the Georgia Attorney General: Georgia Office of the Attorney General — Consumer Protection.

9. If the debt is secured, check public records for liens

Search the county’s public records (deed and lien records) to check whether the creditor has a recorded lien, mortgage, or security interest that supports its claim. If the debt is secured by property that passes outside probate or by a recorded lien, the process to resolve the lien may be different from unsecured claims.

10. If you are the personal representative: don’t pay disputed claims without court approval

Executors and administrators have a fiduciary duty to pay valid debts but also to protect estate assets. If a creditor’s payoff is disputed, obtain probate court guidance or an order before paying. A court order approving a compromise or payment will protect you from later personal liability.

11. When to hire an attorney

If the creditor will not provide documentation, the amount is large, the estate lacks sufficient assets, or litigation is likely, consult a Georgia probate attorney. An attorney can file formal objections, represent the estate in hearings, and advise on strategy like compromise, mediation, or seeking a declaratory judgment.

Example (hypothetical)

Suppose a credit card company sends a payoff quote of $24,500 two months after the cardholder’s death. The administrator obtains monthly statements and finds the balance at death was $18,000 and that the creditor added $6,500 in post‑death interest and fees. The administrator requests a breakdown and finds the creditor doubled a “post‑default” late fee that the card agreement does not authorize. The administrator files an objection in probate, asks the creditor to substantiate fees, and secures a court order disallowing the improper fees and reducing the claim to the correct amount.

Helpful Hints

• Always get payoff quotes in writing and note the date of the quote.
• Document the decedent’s account statements and the date of death balance—this is your baseline.
• Keep all communications with creditors; use certified mail for disputes.
• Check probate records early to confirm whether a claim was filed and whether the court set a deadline for creditor claims.
• For large or complex claims, ask the court to approve payments or compromise amounts to protect the personal representative.
• Before paying a secured creditor out of estate cash, verify lien priority and consider whether the property securing the debt must be foreclosed or sold.
• If a collection company is involved, remember federal FDCPA protections against deceptive or harassing collection practices (see FTC guidance linked above).
• If you are unsure which statute or rule applies, contact the probate clerk to learn the local procedures and deadlines.

Disclaimer: This article explains general information about Georgia probate and consumer protections. It is not legal advice. For advice about a specific estate, claim, or court filing, consult a licensed Georgia attorney who handles probate and estate claims.