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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Notifying Creditors

    SECTION 62-3-801. Notice to creditors.
    (a) Unless notice has already been given under this section, a personal representative upon his appointment shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within eight months after the date of the first publication of the notice or be forever barred.

    (b) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within eight months from the published notice as provided in (a) above, or within sixty days from the mailing or other delivery of such notice, whichever is later, or be forever barred. Written notice is the notice described in (a) above or a similar notice.

    (c) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.
    If I understand the code correctly all I am required to do as a Personal Representative is part A: publish a notice to creditors once a week for three successive weeks in a newspaper

    What happens to the creditors that donít see the notification? How about creditors that are still sending regular bills, am I required to send all 30+ creditors a letter of notification?

    The reason I ask; the estate will very likely be insolvent. The more time and money I waste on this, the more insolvent it becomes.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Notifying Creditors

    How about creditors that are still sending regular bills, am I required to send all 30+ creditors a letter of notification?
    Yes. Publication in the newspaper is to alert those creditors you don't know about. If you know about a creditor, you need to notify them directly.

  3. #3
    Join Date
    Aug 2009
    Posts
    121

    Default Re: Notifying Creditors

    I don't see any requirement in the SC code as cited which requires individual notice. What I see is that an individual notice reduces the time to file a claim from eight months to two months, thus greatly reducing the uncertainties. I also see that the relevant code contains a lot more than section 62-3-801 and that with so many potential claimants, it will be a good idea to be familiar with the rest of it.

    Edward

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