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.
Related FAQs
What is a transfer on death deed?What is a testamentary trust?
Is probate the same in every state?
When is probate required?
What is a guardianship?
Can an executor be sued?
What is a pour over will?
How can an executor protect themselves from liability?
When is probate required for real estate?
What is the difference between an executor and a trustee?
Related Blog Posts
What You Should Know About Probate Law - July 31, 2023Probate Law: A Comprehensive Guide - August 7, 2023
Common Issues in Probate Litigation - August 14, 2023
The Benefits of Hiring a Probate Lawyer - August 21, 2023
What is Intestate Succession? - August 28, 2023