How long do I have to file or withdraw a creditor’s claim in probate after a decedent’s death? - Pennsylvania
The Short Answer
In Pennsylvania, there is not one simple “probate claim form deadline” that applies in every estate. Instead, the key timing issue is the statute of limitations on the underlying debt, which generally continues to run after death—but Pennsylvania law can extend a claim that would otherwise expire shortly after death.
As for withdrawing a claim you already filed, the practical risk is not usually “missing a withdrawal deadline,” but losing leverage or rights if the estate proceeds to distribution/audit or if the limitations period runs while you wait for internal approvals.
What Pennsylvania Law Says
For most creditor issues in PA probate, the controlling question is whether your claim is still timely under the applicable statute of limitations—and whether you have taken an action that preserves (tolls) it against the estate. Pennsylvania law also includes rules that can cut off a creditor’s ability to collect from certain estate property distributions if the creditor does not act in time.
The Statute
The primary law governing timing for claims against a decedent is 20 Pa.C.S. § 3383.
This statute establishes that the decedent’s death does not stop the statute of limitations on a claim, but if a claim would otherwise be barred within one year after death, it is extended so it is not barred until one year after death.
Related timing rules can also matter depending on what property is at issue and how far the estate has progressed. For example, Pennsylvania has a one-year limitation that can make certain claims unenforceable against bona fide purchasers/lienholders of the decedent’s real property. See 20 Pa.C.S. § 3385. And written notice to the personal representative (or equivalent acts) can toll limitations. See 20 Pa.C.S. § 3384.
If you want additional background, see our related post: What is the creditor claim period in Pennsylvania probate, and what happens after it ends?
Why You Should Speak with an Attorney
Even when the law sounds straightforward (“you have at least one year after death if the claim would otherwise expire sooner”), applying it to a medical-provider claim in a real estate administration is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: The statute of limitations on the medical debt may be running, and PA law generally does not pause it just because the debtor died. See 20 Pa.C.S. § 3383. If you withdraw and later need to reassert the claim, timing can become a major problem.
- Burden of Proof: Estates often require clear documentation (itemized statements, contracts/assignments, insurance adjustments, and proof the balance is actually owed by the estate). If the personal representative disputes the amount or priority, you may need to prove the claim in the proper forum.
- Exceptions and Estate Events: Written notice can toll limitations, but it must be done correctly. See 20 Pa.C.S. § 3384. Also, if the estate proceeds to audit/distribution and your claim is not properly presented, you can lose the ability to share in distributions. See 20 Pa.C.S. § 3386.
In your situation—where a proof of claim was filed, withdrawal requests were submitted, and the provider has not responded—an attorney can evaluate whether the claim is already preserved, whether withdrawal is strategically safe, and how to avoid losing rights while internal approvals are pending.
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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.