The Short Answer

In Pennsylvania, the commonly discussed “90-day notice period” is not usually an automatic bar to creditor claims by itself. A creditor who comes forward after that window may still have a potentially valid claim, but the estate may be able to distribute assets with less risk if the creditor did not give timely written notice and the estate has already moved toward distribution or audit.

What Pennsylvania Law Says

Pennsylvania probate creditor issues often turn on whether the creditor gave proper written notice of the claim to the personal representative (executor/administrator) before the claim is barred by the applicable statute of limitations, and whether the claim was properly raised before the estate is distributed through the Orphans’ Court process. In other words, timing matters—but it is tied to limitations periods and estate distribution events, not just a single “90-day” deadline.

The Statute

The primary law governing notice of creditor claims is 20 Pa.C.S. § 3384.

This statute establishes that written notice of a claim to the personal representative (or certain equivalent acts, like filing and serving a lawsuit against the personal representative) can preserve/toll a claim if done before the claim is otherwise barred.

Also important: if a claim is not treated as an admitted claim and the creditor does not present it at the estate’s audit/confirmation, the creditor can lose the right to share in assets distributed through that audit. See 20 Pa.C.S. § 3386.

If you want a deeper overview, see: What Is the Creditor Claim Period in Pennsylvania Probate, and What Happens After It Ends?

Why You Should Speak with an Attorney

Even when a creditor shows up “late,” whether the estate can safely deny the claim—or whether paying it is required—depends on facts that can create real liability for the personal representative. Legal outcomes often depend on:

• Strict Deadlines: Whether the claim is still within the applicable statute of limitations, and whether the creditor gave written notice (or an equivalent act) in time under 20 Pa.C.S. § 3384.
• Burden of Proof: Whether the creditor can document the debt, prove the amount, and show it is enforceable against the estate (not just against someone else, like a co-signer).
• Exceptions and Distribution Risk: If the estate is already at (or past) audit/confirmation, a creditor who fails to present the claim at audit may be cut off from estate distributions under 20 Pa.C.S. § 3386. But mishandling a late claim can still trigger disputes, objections, or surcharge allegations against the personal representative.

Trying to handle this alone can lead to paying the wrong claim, denying a valid claim, or distributing too early—each of which can create expensive litigation in Orphans’ Court.

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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.