Is there a time limit for filing a claim against an intestate estate?

Yes, there is a time limit for filing a claim against an intestate estate in California. Generally, a claim against an intestate estate must be presented to the court within four months of the decedent’s date of death. This time limit is set by California Probate Code Section 9100. The clock starts ticking on the date of death and if the claim is not presented to the court by then, it will be barred by the statute of limitations. The time limit imposed by the statute of limitations only applies to claims made against the estate. Any claims against the personal representative of the estate must be made during the probate process in accordance with the timeframe outlined in California Probate Code Section 8457. In addition, any creditors of the decedent must file their claims within four months as well. If there is good cause for why such a claim cannot be presented within four months, the court may grant an extension of the time limit. This typically requires the claimant to properly file and serve a petition to extend the time limit on all interested parties. It is important to keep in mind that each state has different statutes regarding intestate succession and the time limit for filing a claim against an intestate estate. In California, the courts strictly enforce the four-month time limit set out in the statute and may not give any leeway for claims made after the deadline. Therefore, it is important to make sure any claims are properly and timely filed.

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