But the position is different where a creditor has a claim against the estate. Then transmission of assets by the trustee to himself or herself as beneficiary will not constitute a final distribution until the debt over the estate is satisfied. Note that a claim made against the deceased estate after distribution , may mean that you as the Executor or Administrator are personally liable and may have to pay such a claim from your personal funds.
Free Claim Assessment. Home Claim Types Contesting a Will After Probate. After the death of someone who has made a Will, a Grant of Probate is issued which gives one or more individuals the legal authority to administer the estate of the deceased.
These individuals are known as the executors (or Personal Representatives ) and they have the legal authority to distribute the assets of the deceased. Is there a time limit for a claim against a deceased estate? Who can claim against an estate for further provision? Can I distribute an estate after probate?
How to claim against deceased estate? By law the Personal Representatives of a deceased person are under a duty to “collect and get in the real and personal Estate of the deceased and administer it according to law”. (more…)