CLAIM AGAINST THE DECEDENTS ESTATE - dccourts 2025

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Timeline for Settling Estates in California The courts take steps to move the process along, and the executor of an estate generally has 12 months to complete the probate process and pay heirs or beneficiaries from the estate. This payout can only happen once all debts have been paid.
Claims against the estate are demands for payment made by creditors who believe they are owed money by the deceased person. These can include various debts such as medical bills, credit card balances, loans, and other financial obligations that the deceased had at the time of their death.
Time Frame For Suing An Estate The California statute of limitations requires filing the lawsuit within 40 days from the defendants death. Missing this timeline can affect the outcome of the case.
A claim against the executor may be brought for up to 12 years after the deceaseds death has been registered. However, as with most legal claims, it is advisable not to delay. So, if an executors conduct is prejudicing an estate then you should seek immediate legal guidance.
California Probate Codes on Suing an Estate Probate Code 551 allows for filing a lawsuit within 40 days with an additional year if the injured person was unaware of the defendants demise.
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The creditor first files a Statement of Claim in the probate matter for the decedent, or the person who died. If a claim is filed and it is timely, the court will not close the matter until the claim has been satisfied or the personal representative shows that funds are not sufficient to cover it.
If you know that a person who owes you money has passed away, contact the probate court in the county where the decedent lived to learn whether an estate is being probated. If a case has been opened, the court can give you the case number and tell you whether the court has a form for making a claim against an estate.

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