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By: Scott Grossman on September 15th, 2016

Creditors Only Have a Certain Amount of Time to File a Claim

Early on in the process of administering an estate, the personal representative is in charge of providing appropriate notice to all potential creditors of the estate. The court then issues the form for providing this notice to creditors. Within the form, the personal representative must include certain specific information relating to the estate administration. Upon receipt of this form, the creditor has a limited time window. This is in which they must move forward and file a claim.

Time Limitations for Creditors of Estates

Under California law, creditors can only come forward to file a claim within certain outlined time periods. Typically, a creditor must file a claim with the appropriate court clerk and mail or deliver a copy to the personal representative, all before the last to occur of the following dates:

  1. Four months after the date that letters were issued to a general personal representative, as defined in the California Probate Code.
  2. Sixty days after the date that the Notice of Administration is put in the mail or when personally given to the creditor.

If the creditor does not file a claim within the time period, the right to pursue a claim is not lost. Instead, the creditor can file a petition with the court for permission to file a late claim. This petition will pass only under certain specific circumstances given in the California Probate Code. The creditor’s ability to file a claim will invalidate that claim without permission. The personal representative can then move forward without concern over the debt allegedly owed to the potential creditor.

During the administration of an estate, personal representatives have many obligations and responsibilities that must be done properly in order to protect the estate’s assets. As a result, it is important for personal representatives to seek guidance from an experienced legal professional. If you are in charge of administering an estate and are preparing to provide notice to creditors, rest easy. We encourage you to reach out today. Initiate a live chat directly from our website.

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