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Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.
In the probate process, the 700-00003 Notice of Disallowance form is used when an estate's fiduciary formally rejects a creditor's claim against the estate. This occurs after the creditor has submitted a Written Statement of Claim, which typically happens following the initial probate proceedings and the filing of claims against the decedent's estate. It is crucial for the fiduciary to provide a clear and concise reason for the rejection of the claim.
Key situations that may trigger the need for this notice include:
- The claim is invalid or not supported by proper documentation.
- The debt was not incurred by the deceased individual.
- The claim amount exceeds what is justifiably owed.
- The creditor filed their claim after the allowed time period.
Prior to issuing the Notice of Disallowance, the fiduciary should have created the estate's Inventory of Assets and possibly filed the Notice to Creditors form, making them aware of the timeline and process for submitting claims. Once the disallowance is sent, the creditor has the option to file a Petition for Allowance or initiate legal proceedings within the designated timeframe to contest the decision.
1. Identify the Fiduciary: Before filing, determine the fiduciary responsible for handling the estate where the claim was rejected.
2. Prepare Documentation: Have the written statement of the creditor claim and the notice of disallowance. Complete the form with with reasons for rejection.
3. File With Probate Division: Submit the completed Notice of Disallowance to the applicable Probate Division of the Vermont Superior Court.
4. Serve the Creditor: Send a certified copy of the notice to the claimant, confirming the date of mailing.
5. Take Further Action if Necessary: To contest the disallowance, file a Petition for Allowance with the probate division or initiate proceedings against the fiduciary in the civil division within 60 days of receiving the notice.
Claim Date
Ensure you accurately fill in the date of the creditor's original written statement of claim. This date is critical as it starts the timeframe for the creditor's response.
Reason Clarity
When providing reasons for the disallowance of the claim, ensure that the explanations are clear, specific, and detailed. Simply stating 'insufficient documentation' or 'not recognized' without further elaboration could lead to delays or claims rejection.
Signature Timing
Make sure the fiduciary signing the form does so before or on the same day as the date the Notice of Disallowance is mailed out. The timing of these two actions is crucial to uphold the validity of the notice.
60-Day Deadline
Inform the claimant clearly that they have a strict deadline of 60 days from the mailing date of the notice to act. Missing this deadline can automatically bar their claim, which is a critical legal juncture.
1
Wait for a response from the Probate Division or the Civil Division if the creditor files a Petition for Allowance or commences a proceeding.
2
If the creditor initiates a proceeding, prepare to defend the disallowance in the corresponding court division, either Probate or Civil.
3
Ensure all documentation supporting the disallowance is organized and readily available in case of a hearing or further legal action.
4
If no response or proceeding is initiated by the creditor within the 60-day period, confirm with the records of the court that the claim is barred.
5
Consider consulting with a probate attorney if any proceedings are initiated or if there are uncertainties about next steps.
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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
