Legal Question in Wills and Trusts in Pennsylvania

The bill should be sent to the Administrator or Exector of the Estate. If there is sufficient money in the Estate, you may get paid.

You do not provide enough information. No matter how "legitimate" the bill is, the question is was the claim timely presented to the personal representative? Are there are other reasons why the claim might be barred? If the answers are yes the claim was timely filed and there is no other reason why the claim would be barred then it will be paid provided there are enough assets in the estate. If there are not enough assets, then claims are paid in order of priority and if the estate runs out of assets before it reaches your level, then you will not be paid.

I have set forth a few helpful statutes, but this list is not exhaustive, and it is not a substitute for paying a visit to an attorney. You need to pay an attorney to review the estate file, if any, and review the circumstances surrounding your claim, to make sure that it is timely filed and that the estate has sufficient assets with which to pay the claim.

20 Pa.C.S.A. � 3384 - Notice of claim

(a) Written notice.--Written notice of any claim against a decedent given to the personal representative or his attorney of record before the claim is barred shall toll the statute of limitations.

(b) Acts equivalent to written notice.--Any of the following acts by a claimant shall be equivalent to the giving of written notice of a claim to the personal representative:

(1) Instituting proceedings to compel the filing of an account.

(2) Bringing an action against the personal representative in any court having jurisdiction of the claim and having the writ or pleading duly served on the personal representative.

(3) Substituting the personal representative as a defendant in an action pending against the decedent.

(4) Receiving a written acknowledgment by the personal representative or his attorney of record of the existence of the claim.

20 Pa.C.S.A. � 3385 - Limitation upon claims

All claims against the decedent, subject only to the provisions of section 3381 of this code (relating to liens and charges existing at death not impaired) and section 3382 of this code (relating to judgments which are liens at death), shall become unenforceable after one year from the decedent's death against a bona fide grantee of, or holder of a lien on, real property of the decedent who has acquired his interest for value from or through those entitled to the property by will or by intestacy, either:

(1) more than one year after the death of the decedent and when no letters issued in the Commonwealth upon the decedent's estate were in effect; or

(2) within such year if no letters upon the decedent's estate have been issued in the Commonwealth during that year.

Nothing in this section shall be construed to limit the right of a personal representative subsequently appointed to recover from the heir or devisee the value of property so sold or encumbered.

20 Pa.C.S.A. � 3386 - Failure to present claim at audit

If any claimant whose claim is not reported to the court by the personal representative as an admitted claim shall fail to present it at the call for audit or confirmation, he shall not be entitled to receive any share of the real and personal estate distributed pursuant to such audit or confirmation, whether the estate of the decedent be solvent or insolvent.

20 Pa.C.S.A. � 3391 - Proceeding against personal representative

Any proceeding may be brought against a personal representative or the surety on his bond in the county where his letters have been granted, and if the personal representative or surety does not reside in that county, process may be served on either of them personally, or as follows:

(1) When resident of another county.--By a duly deputized sheriff of any other county of the Commonwealth in which he shall be found.

(2) When a nonresident of the Commonwealth.--By the sheriff of the county where letters have been granted sending, by registered mail, return receipt requested, a true and attested copy of the process to the Department of State, accompanied by the fee prescribed by law, and to the personal representative or surety at his last known address, with an endorsement thereon showing that service has been so made upon the Department of State.