Detailed Answer
In Pennsylvania, when a creditor submits a proof of claim or demand for payment against an estate, the executor must gather and review key documents to verify the debt before settling or disputing it. Under 20 Pa.C.S. § 3102, you must provide notice to known creditors and file any objections within six months of death. Effective documentation helps ensure compliance and prevents personal liability.
Key documents include:
- Death Certificate: Obtain certified copies to validate the decedent’s passing.
- Will and Codicils: Review the operative will, codicils, and any trust agreements.
- Inventory of Assets: Prepare or consult the filed inventory listing real property, bank accounts, investments, and personal property. See 20 Pa.C.S. § 3121.
- Original Notice to Creditors: Retain proof of mailing and any published notices. Reference 20 Pa.C.S. § 3102.
- Proof of Claim: Obtain the creditor’s signed proof of claim or settlement demand, including detailed invoices, account statements, or contracts.
- Estate Bank Statements: Compare account statements to invoices to confirm balances and payments.
- Correspondence: Keep email or letter exchanges with the creditor to track communications.
- Appraisals and Valuations: For disputed amounts, include appraisals of real estate or personal property.
- Bills and Receipts: Compile medical, funeral, and administration expenses that may affect the estate’s solvency.
- Probate Court Filings: Include letters testamentary, inventory, account petitions, and any adjudications by the Register of Wills.
Once assembled, review each item to confirm validity, enforce defenses for barred claims, or negotiate partial settlements. File exceptions to claims within six months under 20 Pa.C.S. § 3103 if you believe the claim is invalid.
Helpful Hints
- Organize documents chronologically to streamline review.
- Use a spreadsheet or case management tool for tracking deadlines.
- Verify the creditor’s proof of claim strictly complies with 20 Pa.C.S. §§ 3101–3105.
- Check for statutory liens (e.g., hospital or funeral liens) that may supersede general creditors.
- Consult sample estate account forms from the Register of Wills to align your accounting.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney in Pennsylvania for guidance specific to your situation.