While the loved ones of a decedent are a high priority when it comes to the administration of an estate, his or her creditors are also entitled to certain rights and protections in order to protect their interests in the estate’s assets. The person administering the estate must provide creditors with notice that the administration of the estate has begun. Proof that this notice was delivered to each creditor entitled to a copy must also be filed with the probate court.
Five Required Details About Creditors of an Estate Receiving Notice of Administration
Proving that notice was provided to a creditor is done by using a specific form. This form is then filed with the probate court. This form must state certain specific information about how exactly the notice was delivered. In addition, the form must include the following information about each specific creditor:
- The legal name of any individual creditor.
- The name of any entity that is a creditor of the estate, including corporations or trusts.
- The street address of every creditor who received the notice.
- The city and state where the creditor is located.
- The zip code where notice was sent to the creditor.
The Proof of Service form includes a limited number of spaces for listing the creditors who received the Notice. In some cases, however, there will be more creditors than there are available spaces. When this happens, you must check the box that states “List of names and addresses continued in attachment”. If you mailed a copy of the Notice to any additional creditors than those that are listed on the form, include the names and addresses of these creditors using a specific form and include it with the Proof of Service. It is important to note that if the Notice is personally delivered to any creditor, there is a different Proof of Service form that should be utilized to list these creditors.
Ensuring that the proper notice is provided to a creditor of an estate is an important duty of the personal representative of an estate. Fortunately, we are here to offer valuable guidance. For more information about how we have helped many others properly carry out the administration of an estate, we invite you to check our client testimonials page today.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307