Debts left by the deceased must be resolved if a proper claim is filed by the creditor. The court probate action includes a procedure for satisfying debts. A notice must be sent to all known creditors advising them to file probate claims. The creditors generally have four months to file their claim for the amount they're owed. Any creditor who is discovered after the initial fourmonth period must also be sent notice to file a claim. These creditors generally have 30 days to file. The executor or administrator of the estate can choose to accept and pay a creditor's claim, or choose to reject and litigate the claim. Any creditor who fails to file a claim after receiving proper notice loses all rights against the estate. All claims which are filed must be resolved prior to the final distribution of estate assets to heirs. If no probate action is required, the debts of the deceased are satisfied out of his or her assets by the heirs. For more information about creditors' claims, please contact an attorney.
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