Can creditors file claims against an estate?
Yes, creditors can file claims against an estate in California. In general, someone who gives money or services to a deceased person is known as a creditor of the estate. When the person dies, their estate is responsible for paying off any debts incurred during the person’s lifetime. The probate court must be notified if a creditor intends to file a claim against an estate. The creditor must then file a formal claim with the court in order to start the process. The claim must be filed within a certain timespan, which is typically four months. The court will review and assess any claims, and if approved, the creditor will receive payment from the estate. Creditors who have not been paid by the estate can file a lawsuit against the estate to receive payment. It is important to note that the executor of the estate is responsible for handling the collection of debts and payment to creditors, so filing a claim with the court is the best option to ensure payment. It is always recommended that a competent attorney be consulted when dealing with probate law in California. They can provide the necessary guidance and expertise to ensure the claims process is handled correctly.
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