Q: My brother passed in February and probate ended in November 2018
Can creditors still submit claims after the end probate date? No will and property owned was less than 40,000.00 probably less than that amount.
A: There is usually a deadline for submitting creditors’ claims before the end of the probate proceeding. The primary exception is that the claim cannot be cut off unless the creditor was given notice and an opportunity to be heard. If the Executor/Administrator mailed notice or gave other reasonable notice to the creditor prior to the deadline, the claim may now be barred. If the creditor was not notified, they may still be able to assert their claim. This limitation is rooted in the US Constitution’s “Due Process” clause and prevents deprivation of property without due process of law. Contact your lawyer or an experienced probate lawyer in your state for specific information as to your particular circumstances. Justia can help.
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