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How do I file a claim as a creditor against an estate currently in probate-Texas.

Comfort, TX |
Filed under: Claims to debt

During a visit to county clerk's office, she stated there are forms to use, but could not provide one to me.

Attorney Answers 4


I found LOTS of information on the claims process online, but no forms are readily available. This suggests that this is not a do-it-yourself process. Please note that you not only need to file a claim form, but also an affidavit in support of your claim. My sense is that it would be well worth your purchasing an hour or two of attorney time to have this done for you. That way, you can be sure the claim is properly made.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Clerks are not allowed to provide forms, so they are suggesting you might find them online. And you might. Generally, claim has to be sworn to and clearly show the nature of the claim. You need to consult an attorney because how you handle depends on the type of administration, the assets of the estate, and the nature of the claim, especially whether it is secured.

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I think ultimately, your desire is to get your claim paid, not just filed. This is not something advisable to take on yourself. Depending on the type of claim and type of administration, there may be more necessary than just the filing of your claim. You should consult an attorney experienced in probate, as the claims process in probate is quite technical.

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It is common for the lawyer representing the personal representative of the estate to be able to avoid paying a claim completely simply because the claim was not properly worded or presented. This is a highly technical area and you would be well advised to hire an experienced probate lawyer to prepare and present the claim.

DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

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