Creditor

Creditor is a person or entity to whom a debt is owed by the decedent. The decedent's estate is the debtor. Normally, a creditor has one (1) year from the death of the decedent to file a claim against the estate, see Section 45-3-803(A)(1). Once a known creditor is given actual notice of the appointment of the personal representative (Probate Form 4B-301), the creditor has two (2) months to file a claim against the estate (45-3-801(A), 45-3-803(A)(2)). An unknown creditor has two months after the first publication of the Notice to Creditors, (Probate Form 4B-302 NMRA), to file a claim against the estate (45-3-801(B), 45-3-803(A)(2)).