Why the creditor period exists
Every state requires executors to give known and unknown creditors an opportunity to file claims against the estate before assets are distributed. This protects creditors (who otherwise might never know the debtor died) and protects executors (who gain a legal bar against late claims once the period ends).
The period length varies significantly by state — from 2 months in Nebraska to a full year in Massachusetts. See your state's page for the exact period.
Two kinds of notice
Publication notice. A legal notice published in a newspaper of general circulation in the county where probate is filed, typically running for several consecutive weeks. This starts the claim period for unknown creditors — people you don't know the decedent owed money to.
Direct notice. A written notice mailed to known creditors — credit card companies, medical providers, utility companies, anyone the decedent had a known relationship with. Some states require this; most make it optional but strongly recommended because direct notice usually shortens the claim period for that specific creditor.
Evaluating claims
You will receive some combination of legitimate claims (credit card balance, a pending medical bill, utility bills) and some claims that are questionable (a distant relative claiming the decedent owed them money, a business claiming an invoice that was already paid).
For each claim:
- Verify the claim against the decedent's records
- Confirm the claim is within the statute of limitations (debts have expiration dates)
- Check whether the claim is secured (by collateral) or unsecured
- Decide whether to approve, negotiate, or formally reject
Most states have a formal process for rejecting a claim. Rejection starts a clock — the creditor typically has 60 to 90 days to sue the estate or the claim is permanently barred.