Aurthur Fowler - 11/29/2015
There are two types of claims—small claims and all other claims. Small claims are claims less than $1,000.00 in principal amount. Pursuant to T.C.A. § 30-2-311, the personal representative can pay these claims so long as these claims are valid claims. Any debts over $1,000.00, the personal representative must require the claimant file a claim.A creditor must file a written claim, in triplicate, with the probate court. An example can be found here. When any claim is evidenced by a written instrument, the instrument or a photocopy of the instrument must be filed. When any claim is based upon a judgment or decree, a copy of the judgment or decree certified by the clerk of the court where rendered must be filed. When the claim is based upon an open account, an itemized statement of the account must be filed. Further, every claim must be verified by affidavit of the creditor before an officer authorized to administer oaths, and the affidavit must state that the claim is a correct, just, and valid obligation of the estate of the decedent, that neither the claimant nor any other person on the claimant’s behalf has received payment of the claim, in whole or in part, except such as is credited on the claim, and that no security for the claim has been received, except as stated in the claim. T.C.A. § 30-2-307.