Creditor Requirements - TN

[richaher]

What is the name of your state? Tennessee

My wife is executor and sole heir of a single piece of property as the only asset. We sold it and now are looking to pay creditors from the proceeds.

Only a few have filed with the probate office, but some have contacted us without filing. We have been working with them regardless, but we haven't actually paid ANY yet...

If the probate closes without them filing with probate, is she legally required to pay those debts once the probate closes? Of course we'd prefer not to pay anything we don't absolutely have to as the value of the property was not very much. Is there a legal obligation to tell those that contact us that they need to file?

Please help.

Thanks!!

 

[seniorjudge]

Q: If the probate closes without them filing with probate, is she legally required to pay those debts once the probate closes? Of course we'd prefer not to pay anything we don't absolutely have to as the value of the property was not very much. Is there a legal obligation to tell those that contact us that they need to file?

A: The answer is, of course, ask the judge on your case. But GENERALLY, the creditors must be notified. The creditors should be notified that they must file a claim or lose their rights to get paid. If, after notification and after some passage of time, the creditor does not file a claim, then you don't have to pay.

 

[richaher]

Thank you so much. I was afraid of that. Our local probate office told us to ask an attorney...they haven't been very helpful at all. They said all they require is the original letter of release from those that have actually filed with them.

Is it possible our local laws would differ about that notification?

I guess we should send in a certified letter of the requirement. It just cost $4 each time we do

We have been trying to negotiate them all down since there wasn't much to the estate from the house in the first place and it had hit me about what we really need to communicate to the probate...as far as legal obligation. We want to make sure we do what we are supposed to by the law.