(a)
You must include an itemized statement of the claim, including copies of any supporting documents such as signed notes, account records, billing records, and journal entries. The itemized statement must also include:
(1)
The date and amount of the original debt;
(2)
The dates, amounts, and identity of the payor for any payments made;
(3)
The dates, amounts, product or service, and identity of any person making charges on the account;
(4)
The balance remaining on the debt on the date of the decedent's death; and
(5)
Any evidence that the decedent disputed the amount of the claim.
(b)
You must submit an affidavit that verifies the balance due and states whether:
(1)
Parties other than the decedent are responsible for any portion of the debt alleged;
(2)
Any known or claimed offsets to the alleged debt exist;
(3)
The creditor or anyone on behalf of the creditor has filed a claim or sought reimbursement against the decedent's non-trust or non-restricted property in any other judicial or quasi-judicial proceeding, and the status of such action; and
(4)
The creditor or anyone on behalf of the creditor has filed a claim or sought reimbursement against the decedent's trust or restricted property in any other judicial or quasi-judicial proceeding, and the status of such action.
(c)
A secured creditor must first exhaust the security before a claim against trust personalty for any deficiency will be allowed. You must submit a verified or certified copy of any judgment or other documents that establish the amount of the deficiency after exhaustion of the security.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410, 2201 et seq.; 44 U.S.C. 3101 et seq.
Source
Source: 73 FR 67278, Nov. 13, 2008, unless otherwise noted.