Written Claims to the Personal Representative
The most common method is straightforward. Potential creditors send the personal representative a written notice that includes the basis for the claim, the claimant's name and address, and the amount owed. The claim is considered presented when the personal representative receives it. Creditors must submit their claims within the applicable deadlines.
The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed.
A.R.S. § 14-3804(1)If the claim is not yet due, the creditor should state when it will become due. Contingent or unliquidated claims require a description of the uncertainty. Secured claims should describe the security. However, the statute is forgiving. Minor errors in describing these details do not invalidate the claim itself.
Filing a Lawsuit as an Alternative
Instead of sending a written claim, a creditor may file a claim by starting a lawsuit against the personal representative in any court with jurisdiction. The lawsuit must be started within the same time limits that apply to written claims. Claims already pending against the decedent at the time of death do not require a separate presentation.
If a creditor submits a written claim and the personal representative disallows it, the creditor has 60 days after the published notice of disallowance to file suit. This is true for all types of debt, including credit card balances and other obligations. For claims that are not yet due, contingent, or unliquidated, the personal representative may agree to extend this deadline. A court can also grant an extension to prevent injustice, though no extension can run past the applicable statute of limitations.
For those who need to administer the estate, understanding how creditors file a claim helps set expectations. A personal representative should keep detailed records of every claim received and every response sent.