Dictionary of Law
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claim against an estate :: legal definition


Claim against an estate - n. upon the death of a person and beginning of probate (filing of will, etc.), a person believing he/she is owed money should file a written claim (statement) promptly with the executor or administrator of the estate, who will then approve it, in whole or in part, or deny the claim. If the claim is not approved the claimant can demand a hearing to have the court determine his/her rights. The period for filing a claim begins upon publication of a death notice or a date specified by state law and continues for a few months (four in California, for example). If there is no probate the claim should be made to the heirs.

See also: probate and Related Law Terms ↓


Related Law Terms

ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax
corporation :: n. an organization formed with state governmental ... ation public corporation securities
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies").
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.