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lwpat
lwpat, Attorney at Law
Category: Estate Law
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Experience:  Attorney with experience in wills, estates and trusts
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How do I file a claim against a deceased persons estate for

Resolved Question:

How do I file a claim against a deceased persons estate for money owed to me in the State of Virginia
Submitted: 3 years ago.
Category: Estate Law
Expert:  lwpat replied 3 years ago.
There is no special form. You write a letter to the probate court and also to the personal representative of the estate. You would state the amount of your claim and attach proof of your claim. If the personal representative rejects your claim, then you have to file a lawsuit against the estate.
Customer: replied 3 years ago.
How do I file the lawsuit
Expert:  lwpat replied 3 years ago.
It depends on how much is owed. If it is 5,000 or less you can file in small claims court. Here is all the information to explain the process since it is too long and involved to post here.

http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf



If it is more than 5K, you really would need to retain an attorney. Here is the referral site

http://www.avvo.com
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25384
Experience: Attorney with experience in wills, estates and trusts
lwpat and 6 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
The amount is $7,700.00. Can I file for $5,000.00 or how much do you think it would cost to retain an attorney?
Expert:  lwpat replied 3 years ago.
First you need to file your claim with the court and the PR. You would only file if your claim is rejected. Then I would file in small claims since the amount is not enough to justify an attorney.

An accept for my time is always appreciated and is the only way I receive any credit from JA.

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Attorney with experience in wills, estates and trusts