6 Steps To The Notice To Creditors For Probate In Durham, North Carolina
Submitting a notice to a creditor for probate in Durham County, North Carolina is an important step in the probate process. This notice informs creditors that the deceased’s estate is in probate and allows them to make a claim for any outstanding debts owed to them. Here are the steps on how to submit a notice to a creditor for probate in Durham County:
1. Open Probate and gather the necessary information: Collect all the relevant information about the deceased, including their full name, date of death, and last known address. You will also need information about the creditor, such as their name and address.
2. Create Notice to Creditor: (Please note many approved publications will create the notice for you using the death certificate and letter of administration or letter of testamentary.) Create a formal written notice to the creditor, stating that the deceased’s estate is in probate and providing the necessary information. The notice should include the deceased’s name, the case number of the probate proceeding, and contact information for the personal representative or attorney handling the estate.
3. Publish the notice in a local newspaper: Once you have filed the notice, you will need to publish it in a local newspaper. This is typically done to ensure that creditors have a chance to see the notice and make a claim if they are owed any money by the deceased. The newspaper will provide you with information on how to submit the notice for publication and any associated fees. Contact the newspaper
Two (2) Publications:
- The Herald Sun legals@heraldsun.com; 919.828.4500 x 2
- The Carolinian ads@caro.news; 919-834-5558 Cynthia or Adria, 1504 New Bern Ave, Raleigh, NC 27610
Notice to creditors must be published once a week for four (4) consecutive week
4. File the notice with the Durham County Clerk of Superior Court: Visit the Durham County Clerk of Superior Court’s office and file the notice. You may need to pay a filing fee, so be prepared for that. The personal representative must submit to the court:
- Notarized affidavit provided and signed by newspaper
- notice to creditors (AOC-E-307) signed by you
- Must remain open until 90 days after first run
- Respond to claims by priority listing
- Share your Letters of Testamentary or Letters of Administration
- Email is the best method!
AOC-E-307 Affidavit of Notice to Creditors
5. Negotiate claims: After filing and publishing the notice, it is okay to ask creditors to forgive or reduce the verified debt owed.
6. Keep records: Maintain a record of all the steps you have taken, including copies of the filed notice, proof of publication, and proof of delivery to the creditor. These records will be important for future reference and may be required during the probate process.
It is essential to follow these steps carefully to ensure that all necessary parties are informed and given an opportunity to make a claim. If you are unsure about any aspect of the process, it is recommended to seek legal advice from an attorney specializing in probate law.
Disclaimer: The Durham County Office of Clerk of Superior Court is not affiliated with Courtney Rollins or Estate Pro Service, LLC in any way. The Durham County Office of Clerk of Superior Court does not have any attorneys on staff and cannot give any legal advice. No exceptions.
Estate Pro Service, LLC and its members, officers, directors, owners, employees, agents, representatives, suppliers and service providers provides this website (the “Site”) for informational purposes only. Use of and access to the Site and the information, materials, services, and other content available on or through the Site (“Content”) are subject to these terms of use and all applicable laws.