What are some steps for collecting a debt from the deceased's estate?

Conventional pre-and post-judgment remedies are no longer effective after a debtor dies. For example, if you garnished a bank account or the income of your debtor who died, your garnishment will become ineffective because the assets have either passed to an heir (done automatically with joint accounts) or the probate court now has all the assets. Assets pass to heirs or the probate court upon death.

You must file necessary paperwork to file a claim on a deceased debtor’s estate. Learn more here!

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Can I File a Claim Against the Deceased Debtor’s Estate?

Yes. When an individual who owes you money dies, you should follow up for collection. You do this by filing a proof of claim with the person’s probate estate in the probate court of the county where the debtor resided. Check with the probate court where the estate was filed, as it may have a standard claim form for creditor’s claims.

Learn more here!

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