Oregon Sample Letter for Claim Settlement Against Decedent's Estate
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FAQ
Ideally, you should be able to close the estate within 13 months of the decedent's death. However, depending on the size and complexity of the estate, it may take longer. In any case, it's important to keep meticulous records throughout the process to prove to the court that you've fulfilled all your fiduciary duties.
A creditor against an estate files a claim by providing the personal representative of the estate with written notice. This can be done by submitting a completed Notice of Claim form with the court register. The filing of a claim preserves the creditor's right to collect from the estate.
Creditors must file claims within the earlier of (a) six months of the date of death, or (b) two months after actual notice is mailed to the creditor. Upon the expiration of the six-month period, the personal representative must pay all legitimate claims against the estate.
(1) A claimant may make a claim against the estate, within the time allowed for presenting claims, (A) by serving it on the personal representative, (B) by filing it with the register and serving a copy on the personal representative, or (C) by filing suit.
Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return.
Please note that claims must be filed within 6 months from the date of death. 3.18. A deceased relative has 'Unclaimed Property'.
