For a California trustee, the process of invoking the creditors claim procedure in trust administration works as follows:
A notice to creditors on the decedent’s behalf is published to a local newspaper.
Proof of the publication is filed with the court.
Creditors are given 4 months from the date of newspaper publication to file claims.
For known creditors, notice is directly mailed.
Creditors receiving mailed notice are given 60 days to file claims.
Creditors must file a claim with the estate before suing.
Trustee has 30 days from the filing of a claim to approve, deny, or approve or deny in part.
If trustee does not take action on the claim by the end of 30 days, the creditor can view this as denial and sue.
Probate has a mandatory four-month creditors claim period, meaning that, if an estate has undergone California probate, a second creditors claims procedure cannot be invoked.
If you are a trustee who wants to put a stop to surprise claims from creditors during California trust administration, we might be able to help. San Diego probate attorney Scott Grossman, of The Grossman Law Firm, offers Riverside County trust litigation, estate planning, will contests, trust administration, and probate services. To talk with one of our attorneys free for 30 minutes, call toll-free 888-443-6590, or reach us online through our quick online contact form.
Also, be sure to get your FREE copy of Scott Grossman’s must-read guide for California trustees, The Insider’s Guide to California Probate and Trust Administration.
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