How to Collect Debt From the Deceased

Debt does not die with the debtor, and you can attempt to collect what is owed to you after someone is deceased. This is done by filing your claim with the probate court or executor overseeing the deceased estate. The executor of the estate must pay all debts owed by the deceased before the beneficiaries can receive a penny. This means there is a good chance that you will receive your money, unless the estate was deeply in debt with few assets.

Instructions

1

Request a statement of claim from the probate court overseeing the deceased's estate. This form may be available on the county or district judicial branch website, or you can call the court.

2

Determine the precise amount of the debt you are owed by the deceased. Check the original contract and account summaries of payments made and interest accrued.

3

Fill out the statement of claim. The exact form will vary between districts, but in general it requires the approximate date the debt arose, the nature of the debt and the exact amount of the debt.

4

File the completed statement of claim with the probate court. File either with the personal representative of the estate, the executor or with the court administrator. Once filed, you will automatically receive essential updates as the estate goes through probate.

5

Wait for the estate to go through probate. This process usually take about a year, but it can take much longer if the deceased's will is contested. During this process, the executor will inventory all debts and assets of the estate. Debts will be paid according to the priority set by state law and the probate court. You will be paid once the estate leaves probate as long as the estate has enough money to cover the debt. If the estate is insolvent, meaning it has more debt than assets, you may not be paid. In this case, the debt is noncollectable, and you must write it off.