In order to give creditors a fair shot at collecting money that is owed to them when someone dies, the probate administration process requires personal representatives to give these creditors notice of the estate administration. Once creditors have received their notice, they have a certain amount of time to file a claim with the court. Personal representatives must prove that they provided this notice by mail in the proper manner. Simply providing the notice to creditors is not enough to fulfill a personal representative’s obligations. Personal representatives are to have proof showing that they mailed the notice. In order to properly deliver a notice of administration, personal representatives must complete the steps listed below.
Seven Steps for Proper Proof of Service by Mail to Creditors of an Estate
- First, have an individual over the age of 18 who is not a party to the estate administration mail the notice.
- Then, the individual chosen to mail the notice must live or work in the county where the mailing occurred.
- The individuals address must appear on the Proof of Service by Mail section of the Notice of Administration form.
- Creditors outlined on the Proof of Service by Mail, should receive both a copy of the Notice, and a blank creditor’s claim form.
- Next, the sealed envelope must be dropped off at the United States Postal Service with service prepaid.
- An alternative method would be, to place the sealed envelope for collection and mail it on the date and place stated on the form. To use this method, you need to be familiar with the business’s practices for collecting and processing correspondence for mailing. You must deposit the notice, within the ordinary course of business with the United States Postal Service, on the same day, with prepaid postage.
- Finally, the person mailing the correspondence must also sign under the penalty of perjury.
Lastly, by obtaining the guidance of an experienced attorney, you can feel confident that this step will be properly completed. We have helped countless clients administer estates smoothly and efficiently, and we may be able to help you too. Reach out to us today by sending us an email!