Continuing his series on Full Administration Probate Estates in Ohio, Andrew Pfeiffer addresses the topic of Creditor’s Claims. Pfeiffer Law regularly handles probate administrations and estate work in Northeast Ohio. Andrew strives to help people understand more about the probate process, including leveraging the legal process when it comes to creditor’s claims.
Full Administration Probate, which is $35,000 in assets or more, is both notice and time-driven. The creditor’s claim period is created by statute. In Ohio, creditors have six months from the time of death to file a creditor’s claim. In many instances, if there are claims against the estate, a creditor will present a claim within those six months. According to the Ohio Revised Code, the creditor must file a claim with the executor or the court within six months following the death of the decedent.
Since Ohio Probate Law is designed to be flexible, you might wait to appoint the fiduciary until that six-month period has lapsed to attempt to discharge debts (claims against the estate). At Pfeiffer Law, we like to assist our clients in understanding the timing and key points of the time of death, the appointment of a fiduciary, and the initial filings alongside the creditor’s claims that may be filed during the probate process to best protect estate assets and protect the fiduciary of the estate or the beneficiary we represent.