How Do Creditor Claims Work in a Pennsylvania Estate (and How Are They Paid)? | Pennsylvania Probate | FastCounsel
PA Pennsylvania

How Do Creditor Claims Work in a Pennsylvania Estate (and How Are They Paid)?

What do creditor claims in an estate mean and how are they handled? - Pennsylvania

The Short Answer

In Pennsylvania probate, a “creditor claim” is a demand that the decedent’s estate pay a valid debt (like medical bills, credit cards, loans, or final expenses). The personal representative (executor/administrator) must identify, evaluate, and—if the claim is proper—pay it from estate assets in the legally required priority order, before distributing inheritances.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to a real estate file is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: Pennsylvania has rules that can limit a creditor’s rights depending on when the claim becomes known and when distributions occur—particularly around the one-year window tied to the first complete advertisement of the grant of letters. See 20 Pa.C.S. § 3532.
  • Burden of Proof: The estate may need documentation showing whether a debt is valid, who owns it (original creditor vs. collector), whether it is secured, and whether it is enforceable or time-barred.
  • Exceptions and Priority Issues: Paying the wrong claim first (or paying a questionable claim without proper review) can create disputes with beneficiaries—or expose the personal representative to risk if the estate later can’t cover higher-priority expenses under 20 Pa.C.S. § 3392.

Because creditor claims can affect distributions and personal representative liability, it’s smart to have a Pennsylvania probate attorney review the claims, the estate’s solvency, and the timing before any final decisions are made. For more background, you may also find helpful: What Is the Creditor Claim Period in Pennsylvania Probate, and What Happens After It Ends? and What Are an Executor’s Responsibilities During Probate in Pennsylvania?.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.