Notify Creditors in Writing

Written notice creates a documented legal record that the creditor was informed of the death, which is important during probate. Many states require formal written notice to creditors to start the statute of limitations on claims against the estate (typically 3-6 months from notice). Phone calls alone do not satisfy this legal requirement. Send notices by certified mail with return receipt so you have proof of delivery and the date received.

Most states give creditors 3-6 months from the date of published notice (or direct written notice) to file claims against the estate. After this period, unpaid claims are generally barred. The executor is required to publish a notice to creditors in a local newspaper in most states—the probate court will specify requirements. Once the claims period expires, the executor can distribute remaining assets to beneficiaries with reduced risk of personal liability.

Include: the deceased's full legal name, date of death, date of birth, last four digits of their Social Security number, the account number, a statement that the person has died, your name and contact information as executor/administrator, and a request to close the account. Attach a copy (not original) of the certified death certificate. State that any claims against the estate should be filed through probate court and provide the case number if probate has been opened.

Generally, no. You are not personally liable for a deceased person's individual debts unless you co-signed the loan, held a joint account, are a surviving spouse in a community property state, or personally guaranteed the debt. However, the estate's assets must be used to pay valid debts before beneficiaries receive their inheritance. Do not pay any debts from your personal funds without legal advice—doing so may create obligations that did not otherwise exist.