Claim against estate

[daveh39]

What is the name of your state? OH

I own a small business. One of my customer's died owing me about $1500. Her estate is in probate now. I have submitted several invoices to the executor, but he doesn't pay. What is my next step? Can I submit a claim against the estate in the county probate court? If yes, does anyone know what form to use or how to submit such a claim? When I talk to the clerk of the court, he refuses to answer all questions because that's supposedly giving me legal advice. Thanks in advance for any help.

 

[Dandy Don]

Has the executor communicated with you at all about this? He may not be able to give you an immediate answer about when you will be paid because the estate is still being probated, but he should be able to give you some idea. You may have to wait a few weeks or months to get paid.

If possible, try to find out when the probate court hearings for this estate will be held so you can attend one or more of them (or have someone else attend on your behalf) so you can get some idea of how the estate is proceeding and whether there are enough assets in the estate to be able to afford to pay your claim.

If you haven't already done so, go to the courthouse to get a copy of the will and look at the probate file and see if there is any mention of the value of the assets.

DANDY DON IN OKLAHOMA ([email protected])

 

[daveh39]

Thanks for the help, Dandy Don.

The executor will not respond to my written notices, and when I call him, all I get to do is leave a voice mail message which never gets returned. I spoke to the attorney representing the estate, but not surprisingly he wasn't real interested in telling me how to collect. I have checked the probate files at the court. I found many documents (including the will) but nothing that indicates the assets of the estate. Assuming there is enough money left in the estate to pay me (a big "if" i know), do you have any advice on how to go about collecting? Thanks.

 

[BlondiePB]

...do you have any advice on how to go about collecting?

Have you tried calling a local probate attorney that can tell you what form(s) you need to fill out to file a claim against the estate?