Fill and Sign the Article 2 Proof and Allowance of Claims Against Estates of Form

IN THE _________COURT OF ___________ (County), ____________ (State) IN THE MATTER OF THE ESTATE OF __________________ , DECEASED NO. _____________ (Name of Decedent) Objection to Allowed Claim in Accounting Comes now, __________________ (Name of Contestant), Contestant, (e.g., a son) _________ of ___________________ (Name of Decedent), Decedent, and objects to the settlement of the account of __________________ (Name of Executor), as Executor of the Estate of ___________________ (Name of Decedent), Decedent, filed on _________________ (date). Contestant particularly objects to that certain part of the account in which is reported the allowance of the claim of ______________________ (name of claimant) against the estate in the sum of $______________ (dollar amount). Contestant objects to that claim and for grounds of contest alleges as follows: (specify objections, for example:) ___________________________________ ____________________________________________________________________________________________________________________________________________ ____________________________________________________. 1. The claim was not verified as required by law, in that it does not appear from the verification of the claim that no payments have been made on it which are not credited, to the knowledge of claimant or affiant, or otherwise. 2. The claim was not presented to the Executor or filed with the Clerk of this Court, or otherwise presented or filed in the matter of this Estate, or at all, within the time fixed in the notice to creditors of this estate and prescribed by law for the presentation of claims. Therefore, the claim is barred by (cite applicable statute) ________________________ and was so barred before its purported presentation on __________________ (date). 3. The claim in the sum of $________________ (dollar amount) is not just. There are no payments credited against that sum, whereas Decedent in his lifetime made large payments on the claim, to the extent of $_____________ (dollar amount). WHEREFORE, Contestant requests that: 1. The above-mentioned account of __________________ (Name of Executor), as Executor, be disallowed as to the claim of ___________________ (name of claimant); 2. The claim be adjudged to be not a proper claim against the estate; and 3. The claim be disallowed in its entirety, or to such extent as to this Court shall seem just.Respectfully submitted, ________________________ (Name of Objecting Party) By: _____________________________ (Name of Party’s Attorney) State Bar No. _____________ One of His Attorneys OF COUNSEL: _____________________ (Name of Party’s Attorney) Post Office Box _____________________________________________ (City, State, Zip Code) Telephone: ___________________ Certificate of Service This is to certify that I, _________________ (Name of Attorney), attorney for _______________________ (Name of Objecting Party) as _____________ (Executor or Administrator) of the Estate of _____________________ (Name of Decedent), have this date served a true and correct copy of the above and foregoing Objection by U.S. Mail, postage fully prepaid, to the following counsel of record for the State: _____________________ (Name of Attorney)__________________________ (Post Office Box No. or Street Address)__________________________ (City, State, Zip Code) This the ____day of ________________, 20_____. Respectfully Submitted, By: _______________________ (Name of Party’s Attorney) State Bar No. _____________ OF COUNSEL: _______________________ (Name of Party’s Attorney) Post Office Box _________________________________________ (City, State, Zip Code) Telephone: ___________________