Rules for Paying Debts in a Probate Administration

When a loved one passes away leaving behind debts, you may be unsure as to the proper procedure for making payments. It may be unclear to you how to go about paying debts in a San Diego probate administration. Generally, the process is overseen by the probate court and is outlined by the probate laws in California. The following are highlights of the rules relating to the debt repayment process as part of a typical probate administration:

Highlights of the Rules when Paying Debts in a San Diego Probate Administration

• Executors or administrators can begin paying the debts of the estate once they have received their appointment from the California probate court.
• Certain bills, such as consumer credit cards, electricity bills, or water bills can be paid informally.
• Funeral expenses can be paid outright by the executor or administrator.
• The executor or administrator may want certain creditors to complete a specific court form before sending payment. In order to impose such a requirement, the executor or administrator must send proper notice to the creditor as defined by California probate law.
• Creditors have four months from the date of appointment of an executor or administrator of an estate to come forward and submit a claim for payment.
• If the creditor does not have knowledge that the deceased individual has passed, that creditor can submit a petition to the court and may be given up to 12 months following the appointment of the executor or administrator to make the claim.
• If the executor or administrator rejects a claim for payment made by a creditor, that creditor has 3 months to file suit against the estate.

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