How Long to File a Claim Against an Estate?
Clock watching is never fun, yet it becomes vital when someone passes away and bills remain unpaid. In Virginia, the window for filing a claim against a deceased person’s estate can stretch or shrink, depending on moves made by the personal representative and the type of debt in question.
At Commonwealth Life and Legacy Counsel, we spend our days helping families in Central Virginia handle probate, trust administration, and elder-law matters. This article breaks down the real-world timelines creditors, spouses, minor children, and other interested parties face when they want part of an estate.
Claim Filing Time Frames in Virginia
Many states set a firm deadline for every creditor, yet Virginia follows a looser model. No single statute closes the courthouse doors after a set number of months. Instead, the clock keeps ticking until the personal representative takes certain action or until the ordinary statute of limitations for that debt runs out.
The personal representative’s choices shape the landscape, so § 64.2-552 of the Code of Virginia is a handy reference. That section explains how filing a claim with the Commissioner of Accounts pauses or “tolls” an approaching limitations period.
The Role of the Personal Representative in Setting Claim Deadlines
The personal representative, also called the executor or administrator, holds the power to speed things up. One common tool is the “Debts and Demands” hearing, a short proceeding before the Commissioner of Accounts that effectively creates a drop-dead date for claims.
Below is a quick outline of the steps involved:
- Ask the Commissioner of Accounts to set a hearing date, usually 60 to 90 days out.
- Arrange for notice to run in a local newspaper and for a copy to be posted at the courthouse.
- Mail a written notice to every disputed creditor at least 10 days before the hearing.
- Attend the hearing, where creditors present their paperwork or risk losing the right to collect.
If a disputed creditor skips the hearing or fails to file a written claim by the hearing date, the debt can be discharged, clearing the way for final distributions.
Statutes of Limitations: General Debt Deadlines
Not every personal representative holds a Debts and Demands hearing. When that happens, creditors must still watch the ordinary statutes of limitations that apply to their kind of claim. The period between the date of death and the opening of an estate does not run down the time on statutes of limitations, but otherwise, the usual deadlines apply.
The chart below shows common limits in Virginia:
| Type of Claim | Time to Sue After Estate Opens | Virginia Code Citation |
| Written contracts, including most credit cards | 5 years | § 8.01-246(2) |
| Auto loan deficiency | 4 years | § 8.3A-118 |
| Judgment liens | 10 to 20 years, depending on renewal | § 8.01-251(A) |
| Open accounts or oral contracts | 3 years | § 8.01-246(4) |
Because the statute pauses between death and qualification, a creditor with two years left on a five-year contract claim still has two years once the estate opens, unless the personal representative shortens the period with the hearing process mentioned earlier.
Claims for Allowances: Spouse and Minor Children
Virginia law protects family members who depended on the decedent for support. A surviving spouse, minor child, or a child from a prior marriage who was left out of the will may file for what practitioners call family allowances.
Three common allowances exist:
- Family allowance for current maintenance.
- Exempt property allowance, often used for household goods and one vehicle.
- Homestead allowance, a cash sum taken in place of an inheritance share.
Most allowance claims must be filed within six months of the personal representative’s qualification, though a few stretch to one year after death. Missing the cutoff usually means the claim is gone for good.
Expediting the Claim Process
Executors who want to wrap up an estate quickly can send a written notice to known creditors right after qualifying and publish notice of probate. Under § 64.2-634, this combination can limit claims to as little as 60 days. While taking these steps speeds matters along, it also requires tight bookkeeping because any creditor who surfaces before the deadline must be treated fairly.
Exceptions and Extensions to Filing Deadlines
Every rule has an exception, and that includes estate claims. If a creditor proves fraud, or if the claimant is a minor or under a legal disability, courts may allow late filing. Still, extra time is never automatic. Judges look for concrete proof that the delay was justified.
Parties hoping for an extension should talk with counsel early. Waiting until the deadline passes often turns a tough case into an unwinnable one.
Need Assistance with Estate Matters? Contact Us Today
Settling an estate involves more than paperwork; it affects family harmony and financial stability. At Commonwealth Life and Legacy Counsel, our small, hands-on team helps Central Virginia families handle probate timelines, creditor notices, and allowance claims with care. If you have questions, call us at 434-589-2958 for the Troy office or 804-598-1348 in Powhatan, visit our Contact Us page, or email info@winget-hernandez.com. A short conversation now can save months of worry later, so reach out whenever you are ready.