Probate - Must a creditor provide sufficient proof of documentation of
the claim to the personal representative?
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Question
Can a creditor file a proof of claim on an estate and not have to provide
any documentation on that claim. Being personal representative of
my brother's estate, I received correspondence from a company trying to
collect money for Chase Bank. I wrote them back and asked them to
supply me with information on the account such as transactions, when the
account was opened, etc. To this date, I have not received anything
back from them. They did file a Proof of Claim against the estate.
Is the estate liable for the monies claimed to be owed for this account
without providing any information on the account as listed above.
Answer
An estate is not obligated to allow a claim unless the creditor has provide
sufficient proof of the claim to the personal representative. If
a personal representative believes that a claim has not been adequately
substantiated, he or she may disallow the claim. The creditor would
then have 63 days to file a complaint or the claim is barred. Form
PC 580 should be used when giving notice of disallowance. If a complaint
is filed, the creditor would have the burden of proving their claim.
You may learn more about this procedure in the Probate Notes section
of this website under "Probate of an Estate in Michigan". You will
find this information in the article "Claims against decedent estates".
Specifically, this information may be located at: http://courts.co.calhoun.mi.us/notes000.htm
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Last Updated: 12-27-09
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to: pharter@calhouncountymi.gov