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How to handle creditors in California during probate. After your loved one dies, you will need to inform creditors of their death. From there, creditors have a time limit to submit claims and you will have to respond within a certain time frame. Overall in California, creditors have only one year to collect on a debt.
Generally, in California creditors of a decedents estate have up to one year (365 days) from the decedents death to file a timely creditor claim. The claim must be filed inside an open probate court proceeding.
Filing a claim requires the use of a Judicial Council creditors claim form, which is available at the courthouse or on the Judicial Council website. A creditor must then serve a copy of the claim upon the person appointed as the personal representative of the decedents estate.
An Administrator appointed with full authority may elect to have the sale confirmed by the Court, but is not required to do so. Regardless of authority, a Notice of proposed action (Sale) is required. When the value of the property for sale is greater than $5,000, the Notice of Sale of Real Property must be published.
Creditors then have 60 days from the date on the form to file their claim, or four months from the date the estate was opened. Once the claim is received by the representative or the executor, they can pay it or, if it doesnt seem legitimate, they can dispute it.
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Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
Finally, there is a one-year statute of limitations. The statute of limitations for collecting debts in California is four years, but after the debtor passes away, there is a one-year limitation for collection efforts. This limitation will even apply if the deceased ran up massive medical debts before passing away.

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