Claims (Probate) Law and Legal Definition

Claim is a demand for a rightful thing. Claims in respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person. The liability can arise from contract or tort. Claims include liabilities of the estate which arise at or after the death of the decedent or after the appointment of a conservator. Additionally the liability includes funeral expenses and the expenses of administration. However, a claim does not include estate or inheritance taxes, or demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate. [Section 1 201 of Uniform Probate Code].

Claims are liabilities of the decedent which survive whether arising in contract, tort, or otherwise, and include funeral expenses, the expense of a tombstone, and costs and expenses of administration. [In the Estate of Macormic v. Stogsdill, 244 S.W.3d 254, 258 (Mo. Ct. App. 2008)].