How Do I Collect a Debt Owed to a Deceased Person in Pennsylvania?
Full Question:
Answer:
When someone dies, any money owed to them is counted as part of their 'estate' (everything they own or are owed less anything they owe). It's the responsibility of the executor (if there is a will) or administrator (if there is no will) to collect debts owed to the deceased. When a person dies, their survivors or heirs will open an estate on behalf of the deceased. The legal system defines this process as probate. In probate, the assets of the deceased and the debts owed to the deceased become public records. If necessary, a breach of contract action may be filed by the executor on behalf of the estate. Local court rules, which vary by court and can be obtained by calling the local clerk of courts, should be consulted regarding the opening of a separate account for collecting a judgment. Creating a trust typically is not required in such a case.
Please see the following PA statutes:
42 Pa.C.S.A. § 8302. Survival action
All causes of action or proceedings, real or personal, shall survive
the death of the plaintiff or of the defendant, or the death of one or
more joint plaintiffs or defendants.
20 Pa.C.S.A. § 3373. Action by or against personal representative
An action or proceeding to enforce any right or liability which
survives a decedent may be brought by or against his personal
representative alone or with other parties as though the decedent were
alive.
20 Pa.C.S.A. § 3376. Limitations against debt due estate
Any statute of limitation which would bar any debt or liability owned
the estate of a decedent within one year after the decedent's death shall
be extended until the end of one year following the decedent's death.
Failure or delay in taking out letters testamentary or of administration
shall not affect the operation of any statute of limitations applicable
to a debt or liability owed the estate of a decedent.