Executors on many estates publish a notice called Notice to Creditors and Claimants in the newspaper in the area where the deceased lived. The purpose is to find out if there are any debts "out there" that the executor doesn't know about. As debts of an estate must be paid before beneficiaries may be paid, paying out the estate before knowing about all debts could end up in a mess.
The Notice to Creditors and Claimants directs anyone who believes that the deceased owed him or her money to contact the executor within a time specified in the notice. I've noticed that most articles and information on this topic stop there. They don't tell an executor what to do if someone makes a claim. This article is intended to take the information a little further.
If the executor believes that the claim is a legitimate claim, the executor may accept it and pay it from estate funds. This might mean waiting until there are funds available in the estate, but most creditors would rather wait to get the money than not get it at all. If the Inventory of the estate has not yet been filed with the court, the executor should add the valid claim to the inventory as a debt, and then pay it along with all other estate debts.
The executor may not be sure that a claim is valid, particularly if he or she has not had a lot of involvement with the deceased's financial affairs prior to the deceased's death. The executor may then require the claimant to verify the claim by producing a receipt, work order, written agreement, I.O.U or whatever paperwork is available. If the executor still thinks that the claim is invalid or that the amount of the claim is wrong, he or she can serve a notice on the claimant that requires the claimant to come up with some conclusive proof. If that proof is not given within a certain time (in Alberta it's 60 days), the claim is lost. This means the claim can never be made again, as it is legally barred.
In practice, most claimants will send the supporting paperwork along with the claim in the first place, as it is just common sense to do so. It's rare that an executor ends up serving a notice to contest the claim.
I am in Alberta ... How many weeks is it considered adequate to post the Notice in the local paper, and how much of a time frame do you allow for the creditors, if any, to respond?
ReplyDeleteThanks,
Casper
Hi Casper,
ReplyDeleteYou would advertised twice, one week apart. Allow them 30 clear days from your last advertisement.
Lynne
if owed personal taxes, how does this affect monies of the estate if i'm not only executor, but beneficiary? does it tie up the estate because of my own tax situation, or would it just relate to inheritance monies i would get?
ReplyDeleteDon't tie up an estate because of one beneficiary's personal situation. Distribute the estate in a timely manner wearing your executor's hat. Then once you receive the money, put on your beneficiary's hat and deal with your personal tax situation.
DeleteLynne
HI Lynne:
ReplyDeleteI live in Ontario. My Father died 10 yrs ago. Mom just died in spring 2013. How many times am I required to run the "notice to creditors", and in how many different newspapers please?
Kim
Hi Kim,
DeleteYou are not required to run the notice at all, but assuming you've decided that it's a good idea, you only have to use one newspaper. I'm attaching a link below to a brief discussion of the rules specific to Ontario.
http://www.torontoestatemonitor.com/estate-administration/some-tips-on-paying-estate-debts/
Lynne
Hi Lynne
ReplyDeleteI live in BC and my son passed and lived in sask. He committed suicide and named me as beneficiary (mother) in his suicide note-no will. I was advised by wills and estates in Regina to run a notice to creditors before I made the application for administrator. The Leader Post in Regina says I do not have the authority. Please advise.
I'm so sorry to hear about your son. Running a notice to creditors is probably a good idea, since you are not especially familiar with all of his financial affairs. You are being told you don't have authority because you are neither (a) appointed as executor under a will, nor (b) appointed as administrator by the courts.
DeleteLynne
I live in Alberta. My mom passed away leaving an estate above 100k, and I'm certain there are no creditors and claimants. Am I still required to run a notice to creditors and claimants, or is it optional?
ReplyDeleteIt's optional. Each executor weighs the risk of there being a creditor out there against the protection (and cost) of publishing the notice.
ReplyDeleteLynne