Detailed Answer
To rely on Pennsylvania’s two-year bar for creditor claims, you must confirm that the personal representative gave proper notice to all creditors as required under 20 Pa.C.S. § 3102 and § 3103. If statutes were satisfied, any claim not filed within two years of the decedent’s death is generally barred under § 3101(d).
Steps to Verify Notice Compliance
- Obtain the Estate File. Visit the Register of Wills in the county where the estate was opened. Request the complete probate file. It should include:
- Notice to creditors by publication
- Affidavit of publication showing dates and newspaper name
- Affidavits of personal service listing known creditors, addresses, dates, and method of service
- Review Docket Entries. Check the docket for entries titled “Notice to Creditors Issued” or similar. Confirm that each known creditor appears on a service affidavit.
- Check Newspaper Archives. Locate the legal notice in the newspaper’s archives. Verify it ran once a week for three consecutive weeks, as required by § 3102.
- Examine the Certification of Account. The personal representative’s final account often contains a certification that all statutory notices were given. This document reinforces compliance with § 3102 and § 3103.
- Confirm Two-Year Bar. Even if no notice was sent, Pennsylvania law prohibits any new claim after two years from death under 20 Pa.C.S. § 3101(d). However, proper notice shortens the claim window to six months (publication notice) or three months (personal notice).
Key Statutes:
• 20 Pa.C.S. § 3102 – Notice to creditors by publication (link)
• 20 Pa.C.S. § 3103 – Personal notice to known creditors (link)
• 20 Pa.C.S. § 3101(d) – Two-year limit from date of death (link)
Helpful Hints
- Call the Register of Wills before visiting to confirm fees and hours.
- Ask for certified copies of affidavits of publication and service.
- Use online newspaper databases if you cannot visit a library.
- Match creditor names and addresses in affidavits to the decedent’s records.
- If records are missing, consider hiring an estate attorney to reconstruct notice history.
Disclaimer: This article provides general information under Pennsylvania law and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.