Recovering Debts from Estates: How Creditors Can Protect Their Rights After a Debtor’s Death

When a debtor passes away, their financial obligations don’t automatically disappear — but recovering those funds becomes a much more structured and time-sensitive process. For many creditors, especially businesses and healthcare providers, understanding how to properly file a claim against an estate can make the difference between recovery and loss. At McCarter & Smith LLP, our Estate Collections practice is dedicated to helping creditors navigate this complex legal landscape with precision and professionalism.

Understanding Estate Collections

Estate collections involve recovering legitimate debts owed by individuals who have passed away. Once an estate enters probate, creditors must follow specific procedures and deadlines to assert their claims. In most states, including Virginia, creditors are required to submit written claims to the personal representative or executor within a certain statutory period. Missing this deadline can permanently bar recovery — even when the debt is fully valid.

Why Professional Representation Matters

Pursuing a claim against an estate requires more than sending a demand letter. The process involves reviewing probate filings, identifying the proper estate representative, filing a timely claim, and ensuring compliance with all probate and notice requirements. At McCarter & Smith LLP, our attorneys are experienced in both probate administration and debt recovery, giving our clients a unique advantage. We manage the entire process — from verification and documentation to negotiation and resolution — while maintaining full compliance with state and federal collection laws.

Common Estate Creditors We Represent

Our firm regularly assists:

Healthcare providers seeking payment for outstanding medical bills;

Financial institutions recovering loans or lines of credit;

Businesses owed for goods or services provided before the debtor’s passing;

Landlords and service contractors with unpaid accounts or judgments.

Protecting Your Right to Recover

The key to successful estate recovery is acting promptly and correctly. Many creditors are unaware that once the probate process begins, the window to make a claim can be as short as a few months. Having an experienced collections law firm ensures that your claim is properly documented, filed, and defended if challenged.

Our Commitment

At McCarter & Smith LLP, we approach every estate collection case with the same professionalism and respect we extend to our clients and to the families involved. We focus on achieving fair, efficient resolutions while maintaining compliance with all legal and ethical standards.

If your organization is owed money by a recently deceased debtor, contact McCarter & Smith LLP today. Our experienced legal team will help you understand your options, preserve your rights, and recover what is rightfully owed through the proper estate process.