How do I file a claim against an estate?

See a sample of a claim here:  Claim By Creditor (PDF)

Pursuant to NJ Statute 3B:22-4, creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death. If a claim is not so presented to the personal representative within nine months from the date of the decedent's death, the personal representative shall not be liable to the creditor with respect to any assets which the personal representative may have delivered or paid in satisfaction of any lawful claims, devises or distributive shares, before the presentation of the claim.

Pursuant to NJ Statute 3B:22-7within 3 months after the presentation to him of a claim, the personal representative shall allow or dispute it or allow it in part and dispute it in part, and give notice in writing to the creditor, his agent or attorney, of that which he allows or disputes.

Show All Answers

1. Do I need an attorney for this process?
2. If there is no will, then who gets what?
3. What do I do with a vehicle registered only in the decedent's name?
4. What does it mean for a will to be self-proving? What happens if the will is not self-proving?
5. The decedent hasn't spoken to closest next of kin for years. Do I still have to tell the Surrogate's Court about them?
6. What are my duties as executor or administrator?
7. Who is considered next of kin?
8. Am I personally responsible as executor/administrator for the decedent's debts?
9. What if there's not enough money in the estate to pay all debts?
10. What debts of a decedent take priority?
11. What happens if assets were left to a minor?
12. I don't think the executor or administrator is doing their job properly; what can I do?
13. The decedent is still getting social security checks. Should I call someone about this?
14. I have tax questions. Who do I contact?
15. What do I need to transfer a vehicle title?
16. Do I need to come to the Surrogate's Court if the only asset is a vehicle titled to my deceased spouse AND myself?
17. Can I obtain additional / updated estate certificates?
18. How do I obtain an EIN / Tax ID number?
19. I need to obtain a bond. Where can I get one?
20. What effect does a divorce have on a will?
21. What if I don't want my inheritance? How do I disclaim?
22. Who becomes the guardian of orphaned minors if there is no will?
23. How do I file a claim against an estate?
24. Do all states have the same probate laws?
25. What is the commission for being the representative of an estate?
26. What if the decedent died in another country?