Form OC-07 – Notice of Claim

Jurisdiction: Country: United States | Province or State: Pennsylvania | County: Delaware

What is a Form OC-07 – Notice of Claim?

Form OC-07 is a local Orphans’ Court form used to present a creditor claim against a decedent’s estate that is being administered in Delaware County, Pennsylvania. You use it to give formal written notice to the estate’s personal representative and to the Orphans’ Court Division. Filing this notice places your claim on the estate’s docket and preserves your right to seek payment in the estate’s distribution process.

You are telling the court and the personal representative that the estate owes you money. You must state the amount due, explain the reason for the debt, and attach proof. You must also certify service on the personal representative and, if known, their lawyer. The form is part of the estate file, so it becomes part of the record the court reviews during any audit or distribution.

Who typically uses this form?

Creditors of the decedent. That includes individuals, businesses, lenders, judgment creditors, landlords, healthcare providers, funeral homes, and insurers with subrogation claims. It can also include government agencies with estate recovery or tax claims. In short, if the decedent owed you a debt or damages before death, you are the intended user.

Why would you need this form?

Because estate administration is a formal process, the personal representative gathers assets, pays approved debts and expenses, and distributes the balance to heirs or beneficiaries. To be considered, your claim must be properly presented. Filing a Notice of Claim puts your demand in the queue. It ensures you are visible when the personal representative evaluates, allows, or contests claims, and when the court reviews the estate account.

Typical usage scenarios

• You provided services to the decedent, and invoices remain unpaid.
• You hold a promissory note signed by the decedent, and payments stopped at death.
• You obtained a judgment against the decedent and want payment from estate assets.
• Your hospital treated the decedent during the last illness, and your bill is outstanding.
• You are a landlord seeking rent due before death or damage to the premises.
• You are an insurer with a subrogation claim arising from a loss caused by the decedent.
• You have a tort claim for damages caused by the decedent before death.
• You advanced funeral expenses and seek reimbursement from the estate.
• You are a government agency asserting an estate recovery or tax claim.

This form is not a lawsuit. It does not, by itself, create a judgment or order payment. It is a formal notice that your claim exists and should be addressed during administration. If the personal representative disputes your claim, you may need to seek a court ruling or present the claim at an audit.

When Would You Use a Form OC-07 – Notice of Claim?

Use Form OC-07 any time you want your claim considered in the estate’s payment process, and you need a clear record that you presented it. If the personal representative has not agreed to pay you, file the notice. If you reached an informal understanding, filing still helps. It protects you if the personal representative later changes position or if the court requires proof at audit.

You would also use the form when the amount you are owed is contingent or unliquidated. For example, you were injured by the decedent in a pre-death accident. You have not yet fixed the amount in a civil case. You can file a Notice of Claim with a clear explanation that the amount is contingent on a later judgment or settlement. This preserves your place in the estate file while the civil case proceeds.

You should file the notice if the personal representative advertised the grant of letters and you want your claim considered in the first distribution. Estates commonly publish notices early in the process. Estates may make a distribution after a statutory waiting period. You reduce the risk of being left out by filing within that period and serving the personal representative.

You should file the notice even if you already filed a civil action in another division. The estate account and audit occur inthe  Orphans’ Court. The court will look at the estate docket to see which claims were presented. Your civil case can proceed on its own track, but the Notice of Claim ties your demand to the estate file.

Common examples

• A contractor completed work for the decedent and was not paid. You file the notice with a copy of the contract and invoices. You state the balance and interest terms.
• A credit union holds a vehicle loan. You file the notice, state the remaining principal, interest rate, and the collateral. You note the vehicle’s location, if known.
• A hospital files for services during the last illness. The hospital attaches itemized billing and states whether insurance payments have been applied.
• A landlord files for unpaid rent and damages through the lease end. You attach the lease, payment ledger, and move-out inspection.
• A judgment creditor files the amount of judgment and accrued interest. You attach the judgment and computation of post-judgment interest.
• An insurer files a subrogation claim from a paid property loss. You attach proof of payment and the subrogation agreement.

In short, you use this form when you want the estate to see, evaluate, and reserve for your demand. You also use it to ensure the court sees your claim at any audit or distribution review.

Legal Characteristics of the Form OC-07 – Notice of Claim

The Notice of Claim is a formal presentation of a creditor’s claim in the Orphans’ Court Division. It is not a judgment, order, or confession of liability. It does not, by itself, compel payment. It is legally significant because it preserves your right to participate in the estate administration and distribution process. It also gives the personal representative formal notice of your demand, which the law expects before distribution.

What ensures enforceability? Several factors:

• Timely presentation. Filing and serving your notice within the administration period supports inclusion in the distribution. Estates often distribute after the statutory period following notice of the grant of letters. Your timely filing reduces the risk of being cut off by an early distribution.
• Proper content. You must state who you are, who owes the debt, the amount, the legal basis, and whether the claim is secured, priority, contingent, or unliquidated. You must attach supporting documents. Clear, complete claims are more likely to be allowed.
• Proper service. You must serve the personal representative and, if known, their counsel. A certificate of service shows the court you did so.
• Verification. You must verify the claim or use a permitted unsworn statement. The verification affirms the truth of your statements and helps the court rely on your filing.

The personal representative must evaluate claims and either allow or reject them. If a claim is allowed, the personal representative pays it in order of priority and as assets permit. If a claim is rejected, you may need to seek adjudication. That can occur through an Orphans’ Court petition, at the audit of the account, or through a civil action, depending on the nature of the dispute.

Pennsylvania law sets the order of payment. Costs of administration and certain statutory allowances and taxes take priority. Secured claims are paid to the extent of collateral value. Unsecured claims are paid after higher priority items and only to the extent assets remain. The Notice of Claim does not change that order. It ensures your claim is in line for evaluation and payment as the law allows.

A late claim is not necessarily void. But a late claim risks exclusion from an early distribution. If the estate has already distributed funds to timely claimants and beneficiaries, your remedy can be limited. Filing the notice promptly protects you against this risk.

Finally, the Notice of Claim does not extend the statutes of limitation for underlying causes of action. If your claim depends on a contract or tort with a filing deadline, you must still protect those rights. The notice preserves your place in the estate. It does not substitute for required litigation steps in another court when needed.

How to Fill Out a Form OC-07 – Notice of Claim

Follow these steps to complete and file the form correctly. Work from the top of the form to the signature and exhibits. Keep copies of everything you file and serve.

Step 1: Set up the caption.

• Court: Court of Common Pleas of Delaware County, Pennsylvania.
• Division: Orphans’ Court Division.
• Estate caption: “In Re: Estate of [Full Name of Decedent], Deceased.”
• Docket number: Use the estate’s Orphans’ Court file number. You can find it in prior filings or the estate’s letters.
• If you do not know the docket number, confirm it with the clerk before filing.

Step 2: Identify the claimant.

• Enter your legal name or your business name as registered.
• Include your mailing address. Add phone and email for contact.
• If you have an attorney, list counsel’s name, address, and attorney ID number.
• If the claim is assigned, name the original creditor and the assignee.

Step 3: Identify the personal representative.

• List the name of the executor or administrator as shown on the letters.
• Include their mailing address. If known, list their attorney’s name and address.
• If there are co-personal representatives, list all of them.

Step 4: State the amount claimed.

• State the total amount due as of a specific date.
• Break out principal and interest. Example: “Principal $5,000; interest $300 as of [date].”
• If the amount is not fixed, state “contingent” or “unliquidated.” Explain why and how it will be determined.

Step 5: Describe the basis of the claim.

• Provide a short, clear statement of why the estate owes you money.
• Examples: “Unpaid invoice for plumbing services at [address] on [dates].” “Balance due on promissory note dated [date].” “Judgment entered on [date], case number [number].”
• Include key terms that matter. If interest applies, state the rate and start date. If late fees apply, cite the contract clause.

Step 6: Disclose claim type and status.

• Check or state whether your claim is:
• Secured. Identify the collateral and its location. State the amount of the lien.
• Priority. Briefly explain the legal basis (for example, funeral expense).
• Unsecured. State that no collateral secures the debt.
• Contingent or unliquidated. Explain the contingency or what remains to be determined.
• State any credits or payments applied. Show your net balance after credits.

Step 7: Attach supporting documents (Exhibits).

• Attach copies of contracts, notes, invoices, statements, judgments, or liens.
• For medical bills, attach itemized statements and insurance adjustments.
• For rent claims, attach the lease, ledger, notices, and move-out documentation.
• For judgments, attach the judgment and your interest calculation.
• Label each exhibit clearly (Exhibit A, B, C) and reference them in the form.

Step 8: Interest and fee calculations.

• If your claim includes interest, show your calculation. State the rate and the period.
• If you seek attorney’s fees or costs, identify the contract or statute that authorizes them.
• If you do not have a basis for fees, do not include them.

Step 9: Verification.

• Complete the verification or unsworn statement on the form.
• State that the facts are true to the best of your knowledge.
• Sign and date the verification. Print your name and title if filing for a business.

Step 10: Certificate of service.

• List the name and address of each person you served. That includes the personal representative and, if known, their counsel.
• State the method of service (for example, first-class mail, certified mail, hand delivery).
• State the date you served each person.
• Sign and date the certificate. This is required so the court knows notice was given.

Step 11: Signature block.

• Sign the form as the claimant, or your attorney signs if you are represented.
• Print your name and contact details.
• If you are an attorney, include your attorney ID number.

Step 12: Filing the form.

• Prepare the original and at least one copy for your file.
• Confirm the correct docket number and caption before filing.
• Include any required cover sheet for Orphans’ Court filings, if applicable.
• Pay any required filing fee. Fees can change, so confirm the current amount when you prepare to file.
• File the form with the Orphans’ Court Division clerk for Delaware County.
• Ask for a time-stamped copy for your records.

Step 13: Serve the form.

• Serve a copy on the personal representative and their counsel.
• Use a method that provides proof of delivery. Keep receipts.
• If there are co-personal representatives, serve each one.
• Keep a complete service packet in your file.

Step 14: Track the claim.

• Calendar key dates tied to interest accrual and audit schedules.
• Watch for communications from the personal representative or their counsel.
• If the personal representative allows the claim, expect payment as assets allow.
• If the claim is rejected, plan your next step. You may petition the Orphans’ Court, present the claim at audit, or pursue a civil action, depending on the dispute.

Practical drafting tips

• Keep your narrative short and specific. State facts, not conclusions.
• Use dates, amounts, and document references. Avoid vague phrases.
• Do not include full Social Security numbers or full account numbers. Redact to the last four digits.
• Be consistent with names. Use the decedent’s name exactly as it appears on the letters.
• If you amended your claim, label the filing “Amended Notice of Claim” and explain the changes.

Common mistakes to avoid

• Filing without the estate docket number. This can delay docketing and notice.
• Failing to verify the claim. Unverified claims can be stricken.
• Omitting exhibits. Unsupported claims are often denied or delayed.
• Claiming fees or interest without a basis. Unsupported add-ons undermine credibility.
• Not serving the personal representative. Lack of service can defeat your notice.

Special situations

• Secured creditors. Identify collateral clearly and state whether you will look at the collateral first. If you repossessed collateral, state the proceeds and credit them.
• Contingent tort claims. Identify the underlying case, parties, and court term and number, if available. State that the amount will be fixed by judgment or settlement.
• Probate expenses advanced. If you paid funeral or last illness bills, attach receipts and proof of payment. State whether you seek reimbursement as a creditor or from a specific beneficiary share.
• Government or institutional claims. Identify the statutory basis, the service period, and attach itemized statements.
• Joint debts. If a co-borrower exists, state that the claim is asserted against the estate as a joint obligor. Clarify any payments by the co-borrower.

Understanding what happens next

• The personal representative will review your claim, supporting documents, and legal basis. They may request more information.
• If allowed, payment occurs in the statutory priority order and as assets permit.
• If objected to, the dispute can be resolved by agreement, by petition, or at audit.
• The court will not pay claims directly. It will review accounts and proposed distributions. It will consider any claim that remains unresolved at the audit.

If you follow these steps, your Notice of Claim will be complete, clear, and ready for the estate’s review. You protect your rights, minimize delays, and make it easier for the personal representative and the court to understand and evaluate your demand.

Legal Terms You Might Encounter

• Decedent means the person who died. The estate collects the decedent’s property and pays valid debts. Your Notice of Claim tells the estate that you assert a debt.
• Estate is the legal entity that holds the decedent’s assets. The estate pays expenses and debts before distributing the rest. Your claim seeks payment from those estate assets.
• Personal representative means the executor or administrator. This person manages the estate. You address and serve the Notice of Claim on the personal representative.
• Claimant is you or your organization. You say the estate owes money or property. Your information belongs on the form as the claimant.
• Debt or claim is the amount you say the estate owes. It may be for goods, services, loans, rent, or another obligation. The form asks for the basis and amount of your claim.
• Contingent or unliquidated claim is not fixed yet. It may depend on another event, or the amount may be uncertain. You still can give notice, but label it clearly and explain the basis.
• Verification is your signed statement that the facts are true. The form asks you to sign and date under verification language. You sign based on your knowledge and belief.
• Service means sending the filed Notice of Claim to the personal representative. You must use a method that creates proof. Keep your proof of service in your file.
• Docket number and caption identify the estate case. The caption includes the decedent’s name and the court division. Your form needs the correct docket number to reach the right file.
• Bar date is the deadline to give notice of your claim. Missing a deadline can limit payment from the estate. You should file and serve your notice as early as possible.

FAQs

Do you need to file a Notice of Claim if the executor already knows about your debt?

Yes. Knowledge is not the same as formal notice. File and serve the form to protect your place in line. Do not rely on casual emails or calls. The form creates a clear record in the estate file.

Do you need to attach proof to the Notice of Claim?

Attach clear, relevant proof. Include invoices, contracts, account statements, or emails that show the debt. Label each attachment. Reference the attachments in your description. Do not attach unrelated material.

Do you need to notarize the form?

The form uses a verification, not a notarization. You sign and date under the verification. Read the verification carefully before signing. If a notary is required for an attachment, handle that document as needed.

Do you have to file within a certain time?

Yes. Claims follow strict time rules. Some periods limit payment from estate assets. Late claims risk partial or no recovery. File and serve your notice as soon as you can. Mark your calendar for all claim deadlines.

Can you file a claim if the amount is uncertain or disputed?

Yes. You can file a contingent or unliquidated claim. Explain the basis and why the amount is uncertain. Include your best estimate and how you calculated it. Update the claim when more facts are known.

Who do you serve after filing?

Serve the personal representative. If the estate has counsel, serve counsel as well. Use a method that provides proof. Keep mailing receipts, delivery confirmations, or affidavits. File proof of service if the court requires it.

What happens after you file and serve the Notice of Claim?

The personal representative reviews your claim. The claim may be allowed, paid, negotiated, or rejected. You may receive a written response. If rejected, you may need to pursue the claim. Track all response deadlines.

Can you amend or withdraw your claim?

Yes. You can amend to correct amounts or facts. You can withdraw if the debt is paid or resolved. File the amendment or withdrawal and serve it. Label it clearly so the court ties it to the original claim.

Checklist: Before, During, and After the Form OC-07 – Notice of Claim

Before signing

• Confirm the correct estate case name and docket number.
• Confirm the decedent’s full legal name and date of death.
• Identify the personal representative’s name and mailing address.

Gather your supporting documents:

• Contracts, invoices, statements, checks, and correspondence.
• Proof of delivery or performance.
• Interest terms or rate, if any.
• Credits, refunds, or payments already applied.

Decide the type of claim:

• Fixed, contingent, or unliquidated.
• Secured or unsecured, if relevant to your claim.

Calculate the amount due:

• Principal, interest, fees, and costs allowed by the contract or law.
• Show how you reached the total.
• Use dates for accrual and interest start.
• Prepare a brief, clear description of the basis for the claim.
• Check any claim deadlines and calendar them.
• Confirm where to file and any fee the clerk may require.
• Plan your service method and proof of service.

Prepare copies:

• One original for filing.
• Copies for service and your records.
• Extra copies if you will need conformed copies.

During signing

• Verify the caption and docket number once more.
• Confirm your claimant’s name and contact details.
• Check the personal representative’s full name and address.
• Review the claim amount and the calculation.
• Confirm dates for the services or debt accrual.
• Ensure all attachments are labeled and referenced in the form.
• Read the verification carefully.
• Sign and date in ink. Use your printed name and title, if any.
• If you sign on behalf of a business, include your role.
• Number each page and attachment for clarity.

After signing

• File the original with the Orphans’ Court clerk.
• Ask for a time-stamped copy for your records.
• Serve the personal representative, and counsel if known.
• Use a service method that gives proof.
• Keep all mailing receipts and delivery confirmations.
• File proof of service if required by the court.
• Calendar response dates and any hearing dates.
• Watch for a written allowance, rejection, or request for more info.
• Respond promptly to any request or objection.
• Store a complete copy set, including proof of service and time stamps.

Common Mistakes to Avoid

Missing a claim deadline

• Consequence: You may lose priority or payment rights.
• Tip: Don’t wait. File and serve as soon as possible. Track all deadlines.

Naming the wrong estate or docket number

• Consequence: The court may not link your claim to the file.
• Tip: Confirm the caption and docket from the estate filings before you sign.

Vague claim description or missing calculation

• Consequence: The personal representative may reject or delay the claim.
• Tip: State the basis, dates, and math. Attach documents that prove each part.

Forgetting verification or an incomplete signature block

• Consequence: The claim may be treated as defective.
• Tip: Sign and date under the verification. Include your printed name and role.

Failing to serve the personal representative and keep proof

• Consequence: The estate may claim it never received notice.
• Tip: Serve promptly and keep delivery proof. File proof of service if required.

What to Do After Filling Out the Form

1. File the form with the Orphans’ Court clerk. Ask for a time-stamped copy. Keep it with your records. If there is a filing fee, be ready to pay it.
2. Serve the personal representative. If the estate has counsel, serve counsel too. Use a method that creates proof. Keep your receipts, tracking logs, and any affidavit of service.
3. Confirm the court has recorded the filing. Check the docket if possible. Make sure your claim appears in the estate record.
4. Watch for a response. The personal representative may allow, partially allow, or reject the claim. You may receive a letter or notice. Read it carefully and calendar any deadline to act.
5. Respond to a request for more information. Provide missing invoices, contracts, or calculations. Keep your response concise and organized. Reference your prior filing.
6. If the claim is allowed and scheduled for payment, confirm timing. Estates pay expenses and claims in a set order. Payment may wait for asset collection or court approvals. Ask for a written acknowledgment of the allowed amount.
7. If the claim is rejected, note your next step deadline. You may need to file a pleading or start an action to pursue the claim. Keep your options open and track each due date. Gather your evidence for that next step.
8. Consider negotiation. Many estate claims are resolved by agreement. You might accept a payment plan or a reduced sum for early payment. Put any agreement in writing. Ask for a release to close out the claim once paid.
9. Amend if your amount changes. File an amended notice if you discover new charges or credits. Label it as an amendment. Serve it the same way you served the original.
10. Withdraw the claim if you receive full payment. File a short notice of withdrawal or satisfaction. Serve the personal representative. Keep proof for your records.
11. Update your contact information. If your address or email changes, notify the personal representative. File a short notice of address change if needed.
12. Maintain a clean record. Keep a full set of filed papers, service proofs, correspondence, and payment records. You may need them for tax or audit purposes.
13. Monitor the estate timeline. Estates close when debts and distributions finish. If the estate proposes a final account, review it. Confirm that it lists your claim and any payment.
14. If you posted collateral or hold security, track it. If paid in full, release the security as appropriate. Document the release in writing.
15. If your claim involves ongoing services, separate new charges. Treat post-death services as new claims. Use new invoices and dates. Do not blend them with pre-death amounts.
16. Review tax impacts. Interest or forgiven amounts can have tax effects. Keep a clear ledger. Share it with your accountant if needed.
17. Stay professional in all communication. Keep emails short and factual. Attach only what is needed. Confirm any oral conversation with a summary email.
18. Close your file only after payment clears. Mark the date and amount. Save bank confirmations. Store the release and withdrawal notices with the file.