Can I claim money from someone who has died?

If you are owed money by someone who has died, you can bring a claim for what is owed to you, against their estate. These types of claim can be difficult to navigate, and should be handled carefully, particularly if the executor of the estate is a relative of the deceased. 

It is not uncommon for someone to die owing debts, and it is the role of an executor to ensure that the affairs of the deceased are wound up properly, and so they have a duty to deal with any claim for money which you would have had against the deceased person. 

Who becomes liable for debt when someone dies?

When someone passes away, money that they owed to third parties should be paid out to any creditors by the executors of their estate, using money that is gathered into the estate during the probate process, for example as a result of selling any property the deceased owned. 

Anyone who is owed money by a person who has died, is therefore able to make a claim against the executors of the deceased person's estate, provided that there is money in the estate to discharge the debt which is owed to you. 

You can find out who the executors of an estate are by obtaining a copy of the deceased's will, once probate has been granted. This is a relatively simple and cost effective process, which we will be able to help you with. 

How do I claim against the estate of someone who has died?

To claim money owed to you by a deceased person, you need to contact the executor of the estate, setting out what the deceased person owed to you and providing evidence to back up your claim. 

You may be asked to produce financial documents showing money passing from you to the deceased person, or a contract between the deceased person and you confirming that you would provide them with goods or services. In some cases, you may have to produce witness evidence to confirm what the deceased person owed you.

What is the time limit for making a claim against an estate?

When someone dies, the executors or personal representatives of the estate will issue a statutory notice, confirming that the deceased person has passed away, and notifying anyone who is owed money that the estate is going to be distributed. 

You will have just two months from the date of the statutory notice, to inform the executors of the estate that you want to make a claim to recover a debt that was owed to you by the deceased person. 

If you have missed the two month window in which to bring a claim against an estate, you may still be able to recover your money, but you would need to take specialist legal advice to see whether this is possible. 

An executor won't pay what the deceased owed me

If an executor doesn't believe that your claim against the deceased's estate is valid, or simply doesn't reply when you notify you of your claim, you will need to send them a formal letter of claim, setting out details of what is owed to you. 

If you do not receive a satisfactory response from the executors, you will need to decide whether to start court proceedings against them for recovery of your money. 

Who to sue if claiming against an estate?

When you start proceedings to recover money owed to you by a dead person, you need to make sure that you sue the correct defendant. You should not name the deceased person as a defendant to the proceedings. 

You have two options:

1. If the deceased's estate has not yet been distributed by the executors or personal representatives of the estate, you would need to bring a claim against the executors or personal representatives themselves; or
2. If the funds in the deceased's estate have already been distributed, you would need to sue one or more of the beneficiaries of the estate.

If you can prove that the deceased owed you money and you did not receive that money from the estate, your claim should be successful. You should also recover the majority of your legal costs. 

Get legal advice about suing a deceased estate for a debt

If you want to bring a debt claim against someone who has died, you should take legal advice at an early stage to help you establish whether there is enough money in the estate to pay the debt which is due to you, how likely your claim is to be successful based on the evidence you are able to produce, and who you should sue if you need to bring a claim in court. 

You can speak to one of our legal experts today to find out how we can help you recover the debt which is owed to you. Contact us to find out how we can help you.