Define: Claim Against An Estate

A claim against an estate refers to a legal action brought by a creditor, beneficiary, or other interested party to seek payment or satisfaction from the assets of a deceased individual’s estate. When a person dies, their estate typically includes all their assets, property, debts, and liabilities. Creditors who are owed money by the deceased individual may file claims against the estate to recover the debts owed to them. Beneficiaries or heirs who believe they are entitled to a share of the estate may also file claims to assert their rights to inheritances or distributions. Claims against an estate are typically handled through a probate process, where the estate is administered, debts are paid, and remaining assets are distributed to beneficiaries according to the terms of the deceased person’s will or the laws of intestate succession if there is no will. The probate court oversees the resolution of claims against the estate, ensuring that creditors are paid in order of priority and that beneficiaries receive their rightful shares of the estate’s assets. Successfully pursuing a claim against an estate may require legal representation and adherence to specific procedural requirements and deadlines established by law.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.