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ProbateTrust Litigation

California Probate: How Do You Notify Creditors?

By July 21, 2025No Comments

Table of Contents

  • Key Takeaways
  • Why Notifying Creditors Matters in Probate
  • How to Notify Creditors During California Probate
  • Newspaper Publication Requirements
  • Direct Notice to Known Creditors
  • Deadlines for Creditors to File Claims
  • FAQ
  • Related Resources
  • How The Grossman Law Firm Can Help

Key Takeaways

  • California probate law requires notice to both known and unknown creditors.
  • Personal representatives must publish notice in a newspaper and notify known creditors directly.
  • Strict time limits apply for when creditors must file claims—missing a deadline may bar the claim.
  • The Grossman Law Firm assists clients in handling creditor claims and protecting the estate during probate.

California Probate: How Do You Notify Creditors?

Why Notifying Creditors Matters in Probate

Before an estate can be distributed to beneficiaries, the personal representative must identify and resolve any outstanding debts. California Probate Code requires this step to protect both the estate and any legitimate creditors. Failure to follow the correct process can delay probate or create liability for the personal representative.

At The Grossman Law Firm, Attorney Scott Grossman works with heirs and administrators throughout California to ensure probate is handled properly, including creditor notice and claims resolution.

How to Notify Creditors During California Probate

Once the court appoints a personal representative (executor or administrator), that person must begin the process of notifying creditors. There are two main types of notice:

  • Public notice through a legal newspaper
  • Direct notice to known or reasonably ascertainable creditors

Let’s break each one down.

Newspaper Publication Requirements

California Probate Code requires the personal representative to publish a Notice of Petition to Administer the estate in a local newspaper. It must be done:

  • Three times, spaced a minimum of five days apart
  • In a newspaper of general circulation in the city where the decedent lived at the time of death
  • Within a specific time frame after the probate petition is filed

After publication, the personal representative must file proof of publication with the probate court.

Direct Notice to Known Creditors

In addition to the public notice, the personal representative must send written notice to any known or reasonably ascertainable creditors.

California Probate Code requires this notice to be sent:

  • Within two months of being appointed as personal representative, or
  • Within 30 days of learning about the creditor’s identity

Whichever of these two deadlines is later applies.

The notice must be mailed and filed with proof of service to the court. Failing to give proper notice can result in delays or even personal liability.

Deadlines for Creditors to File Claims

Once a creditor receives notice, they must file a formal claim with the probate court. They also must serve a copy of that claim on the personal representative.

Here are the two time limits for creditor claims:

  • Four months from the date Letters Testamentary or Letters of Administration are issued, or
  • Sixty days from the date the personal representative gave notice to that creditor

The earlier of the two deadlines will apply.

If a creditor fails to file a timely claim, the claim is barred from being considered. It means they lose the right to collect against the estate.

FAQ

What happens if I don’t notify a creditor?

Suppose the creditor was known or could have been discovered through reasonable diligence, and you failed to give proper notice. In that case, the creditor may still file a claim, and you could face personal liability.

Can I reject a creditor’s claim?

Yes, but you must follow the formal process for rejecting a claim. The creditor then has 90 days to file a lawsuit against the estate.

Do I need to notify family members who loaned money to the decedent?

Yes. Suppose you are aware of a family loan or promissory note. In that case, you must treat it like any other creditor claim and send proper notice.

What if a creditor contacts me after the deadline has passed?

You should not pay any claims submitted after the statutory deadline unless advised by a probate attorney. These claims are typically barred.

Related Resources

How The Grossman Law Firm Can Help

Handling creditor claims during probate can be confusing and stressful, especially when you’re already grieving. At The Grossman Law Firm, we assist personal representatives and beneficiaries in protecting their interests while fulfilling the requirements of California’s probate process.

Attorney Scott Grossman has over 20 years of experience guiding clients through probate litigation, creditor disputes, and estate administration. Whether you’re unsure how to notify creditors or need help disputing a questionable claim, our team is ready to assist.

Call (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case at no cost to you to assess your situation and determine the best course of action. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.