I am a creditor to the estate of my first cousin because I paid her funeral expenses due to her having no insurance. The estate was probated in July 2019 and her only assets, which were a house with a mortgage and a piece of land remain unsold. Can the executor close the estate after a year with the property unsold and debts unpaid it must it remain open until this is all settled? Do I have a right to request an accounting of the estate? Also, am I right in thinking that according to state law I will be the first creditor paid out of any monies coming into the estate since I paid for the funeral?
1 Answer from Attorneys
First question is did you file a claim in the Estate? If you didn't and one year has passed after your cousin's death then you no longer have a claim against the estate. If you did file a timely claim and no objection has been made, then you are a creditor of the estate and can demand and accounting/and/or demand to be paid. Absent getting satisfaction from the Personal Representative you should consider filing a request with the court. Hope this perspective helps.