Once a Grant of Probate or letters of administration have been issued, there is a deadline of six months during which you can lodge a claim against a deceased person's estate.
An attorney can help you sue their estate for your damages. It is not possible to literally file a lawsuit against someone who has passed away. Instead, your lawyer can help you sue the estate of the person you believe is responsible for your injuries and damages.
See PEF Code §3532(b)(1). No claimant shall have any claim against distributed real property unless such claimant has, within one (1) year after the decedent's death, filed a written notice of claim with the Clerk of Court.
A creditor against an estate files a claim by providing the personal representative of the estate with written notice. This can be done by submitting a completed Notice of Claim form with the court register. The filing of a claim preserves the creditor's right to collect from the estate.
To make a claim in an estate, the creditor must go through the court system. The creditor first files a Statement of Claim in the probate matter for the decedent, or the person who died.
In those that do, the short certificate is issued by the Probate Court within the county where the decedent resided.
“Short certificates,” or Letters Testamentary issued by the Register of Wills, are your proof of appointment. Note that short certificates are valid for 60 days, but death certificates never expire.