How Do I Bill a Patient Who is Deceased?
When a person dies, the executor or administrator of the estate is responsible for paying the debts of the deceased out of any remaining assets of the estate. You may file a claim in the probate process according to the following WI statutes:
859.01 Time for filing claims.
When an application for administration is filed, the court, or the
probate registrar under informal administration proceedings, shall by
order set a date as the deadline for filing a claim against the
decedent's estate. The date shall be not less than 3 nor more than 4
months from the date of the order. If a claim is not filed by the
deadline, the consequences provided in s. 859.02 apply.
859.02 Limitation on claims.
(1) Except as provided in sub. (2) and s. 859.03, all claims against a
decedent's estate including claims of the state and any subdivision
thereof, whether due or to become due, absolute or contingent, liquidated
or unliquidated, are barred against the estate, the personal
representative and the heirs and beneficiaries of the decedent unless
filed on or before the date set under s. 859.01.
(2) A claim against a decedent's estate that is not filed on or before
the date set under s. 859.01 is not barred if:
(a) It is a claim based on tort, on a marital property agreement that is
subject to the time limitations under s. 766.58 (13) (b) or (c), on
Wisconsin income, franchise, sales, withholding, gift or death taxes, or on
unemployment insurance contributions due or benefits overpaid; a claim for
funeral or administrative expenses; a claim of this state under s. 46.27
(7g), 49.496 or 49.682 or rules promulgated under s. 46.286 (7) ; or a
claim of the United States; or
(b) All of the following circumstances exist:
1. On or before the date set under s. 859.01, the personal representative
knew, or in the exercise of reasonable diligence should have known, of the
existence of the potential claim and of the identity and mailing address of
the potential claimant.
2. At least 30 days prior to the date set under s. 859.01, the personal
representative had not given notice to the potential claimant of the final
day for filing his or her claim and the court in which the estate
proceeding was pending.
3. At least 30 days prior to the date set under s. 859.01, the claimant
did not have actual knowledge that the estate proceeding was pending and of
the court in which that proceeding was pending.
(a) A claim based on a tort is subject to s. 859.45.
(b) A claim of a creditor without notice is subject to s. 859.48.
(3) Failure of a claimant timely to file a claim against a decedent's
estate does not bar the claimant from satisfying the claim from property
other than the decedent's estate.