If a man who owed me $2000 died 4 days after he was served papers for my suit against him, can I file with probate court to collect?

The loan was properly documented.

Asked on November 20, 2015 under Estate Planning, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you don't file with the probate court; rather, you have to file a new lawsuit, or amend your existing suit, to sue the "estate" of the deceased borrower--i.e. you still have to go through with and win a lawsuit to get your money, but who you are suing has no changed. You can't get paid just by "filing" since you have not proven the debt or gotten a judgment in your favor.

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