The commissioner may only accept claims filed against a decedent’s estate. Claims cannot be filed against trusts, guardianships or conservatorships. A final account cannot be approved unless all claims against the estate have been resolved. Similarly, no fiduciary may file a statement in lieu of account while a claim is outstanding.
A claim can be filed with the commissioner’s office by completing the claim form in the Estate Forms section of this website and mailing the completed form, along with the required $95.00 filing fee, to the commissioner’s office at the address listed on the form. Please note that a claim submitted without the required fee cannot be accepted and will be returned to the claimant. A copy of the form must also be sent to the personal representative of the estate.
If the estate contests a claim, it is not sufficient to state that the estate does not agree with the claim. In order to contest the claim, the fiduciary must request a debts and demands hearing before the commissioner to give the claimant an opportunity to present his claim. If the estate disputes a claim, the fiduciary must provide proper disputed notice to the claimant. A copy of the claim dispute form can be found in the Estate Forms section of this website. Either the fiduciary or the claimant can request a hearing before the commissioner.
If the estate is insolvent, the commissioner cannot approve disbursements to creditors which are not in compliance with the statutory priorities established in § 64.2-528 of the Virginia Code.
Interest on claims is treated differently in solvent and insolvent estates. The general rule in Virginia is that interest continues to accrue on a decedent’s debt after his death and it is a legitimate claim against the estate. However, when an estate is insolvent, no interest is allowed on the claims.