How Long Do I Have to File or Withdraw a Creditor Claim in Pennsylvania Probate After a Death? | Pennsylvania Probate | FastCounsel
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How Long Do I Have to File or Withdraw a Creditor Claim in Pennsylvania Probate After a Death?

How long do I have to file or withdraw a creditor’s claim in probate after a decedent’s death? - Pennsylvania

The Short Answer

In Pennsylvania, there is not one simple “probate claim form deadline” that applies in every estate. Instead, the key timing issue is the statute of limitations on the underlying debt, which generally continues to run after death—but Pennsylvania law can extend a claim that would otherwise expire shortly after death.

As for withdrawing a claim you already filed, the practical risk is not usually “missing a withdrawal deadline,” but losing leverage or rights if the estate proceeds to distribution/audit or if the limitations period runs while you wait for internal approvals.

Why You Should Speak with an Attorney

Even when the law sounds straightforward (“you have at least one year after death if the claim would otherwise expire sooner”), applying it to a medical-provider claim in a real estate administration is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: The statute of limitations on the medical debt may be running, and PA law generally does not pause it just because the debtor died. See 20 Pa.C.S. § 3383. If you withdraw and later need to reassert the claim, timing can become a major problem.
  • Burden of Proof: Estates often require clear documentation (itemized statements, contracts/assignments, insurance adjustments, and proof the balance is actually owed by the estate). If the personal representative disputes the amount or priority, you may need to prove the claim in the proper forum.
  • Exceptions and Estate Events: Written notice can toll limitations, but it must be done correctly. See 20 Pa.C.S. § 3384. Also, if the estate proceeds to audit/distribution and your claim is not properly presented, you can lose the ability to share in distributions. See 20 Pa.C.S. § 3386.

In your situation—where a proof of claim was filed, withdrawal requests were submitted, and the provider has not responded—an attorney can evaluate whether the claim is already preserved, whether withdrawal is strategically safe, and how to avoid losing rights while internal approvals are pending.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.