Collections After the Death of a Resident

by Abbie J. Widger

On occasion, long-term care providers, and other creditors, have an unpaid bill for services at the time of death of the resident or client.  Below are links to two forms to assist in collecting account following a death:

1.  Demand for Notice; and

2.  Statement of Claim.

The Demand for Notice is a document which is filed in the County Court of the County where a deceased resident resided and in the County Court of the County where the deceased resident owned real estate, following the death of the resident.  This document should be filed so that when a probate is filed, the provider will receive the Notice of Creditors.  Please note there are five boxes to check.  Under paragraph 1 you should check, at the very least, the fourth box which asks that you receive a copy of published notice to creditors mailed within 5 days of publication.  We suggest checking the first and second boxes too.  Under paragraph 2, you may write “a claim for nursing facility care,” “a claim for assisted living care” or, “a claim for hospice services.”

In paragraph 4 of the Demand for Notice, the name of “Demandant” is the name of the facility.  In addition to the blank form, which you may access by clicking on the attached link, we have completed a sample Demand for Notice.

The Statement of Claim is filed after you receive the Notice to Creditors when the estate is opened.  We suggest attaching a billing statement to the Statement of Claim.  do not check the “Contingent” box.  You only need to check the “Unliquidated” box if the nature of the claim is uncertain.  Unless you have a security interest, such as a Deed of Trust, your claim is unsecured.  Make sure you enter the name of facility, telephone number and address at the bottom of the form.  Attached is a sample Statement of Claim.

Remember to keep a copy of the completed forms you filed.