Probate Tidbit No. 2 -- Creditor's Claims.

Tidbit No. 2
Does someone who died recently owe you money? If  so and probate for that person's estate has been opened, you can file a Creditor's Claim against the estate.  But you have a short timeframe in which to do so. (You can also make a claim when there is no probate estate, but there exists a trust -- however, we are not discussing trusts in this post.)

Generally, if you are sent a Notice of Administration because you are a known creditor, you have 60 days to file a Creditor's Claim.  If you are not sent this Notice of Administration then you must file your Creditor's Claim within 4 months after the Letters Testamentary or Letters of Administration were issued to the personal representative of the estate.

Your claim must be mailed to the personal representative, mailed to his or her attorney and filed with the court to be considered timely processed. The personal representative will either approve or reject your claim. If your claim is approved, you will get your money back. If your claim is rejected, you can make an appeal.

This is why a probate estate must remain open for at least 4 months from the date the Letters issue. This is the time period proscribed by law for any creditors to make their claim against the estate. So, we can also safely conclude that a regular probate proceeding in California is never quicker than 4 months.

To get started on Creditor's Claims, you will need to complete this form.

For more information about this process, please consult with an attorney that handles probate matters.