Paralegal Advanced Competency Exam (PACE) Practice Exam

What is required from creditors in the probate process concerning their claims?

1. They must obtain a court judgment before filing

2. They are required to file a "claim" requesting payment from the estate's assets

3. They must file a claim within 30 days of the decedent's death

4. They are not allowed to file claims against the estate

The correct answer is: They are required to file a "claim" requesting payment from the estate's assets

In the probate process, creditors are indeed required to file a formal "claim" against the decedent's estate if they seek to recover debts owed to them. This claim typically details the nature of the debt and the amount owed, and it must be submitted to the probate court or the personal representative of the estate within a specified time frame, which can vary by jurisdiction. Filing this claim is essential for the creditor to ensure that they are recognized in the probate proceedings and can potentially receive payment from the estate's assets. The requirement to file a claim is part of the legal protocol intended to provide a fair opportunity for all creditors to assert their rights regarding debts owed to them, allowing the personal representative to account for such claims when distributing the decedent's assets. In this way, the probate process helps manage the estate in an orderly manner while also addressing the financial obligations of the decedent. This contrasts with the other options, which either impose unnecessary requirements, such as obtaining a court judgment beforehand or filing claims within a specific time frame (which may vary and is not universally set at 30 days), or incorrectly state that creditors are prohibited from filing claims against the estate.