Suing An Estate Executor For Deceased Person In Oakland
Description
Form popularity
FAQ
Time Limits for Filing 120-day deadline: A petition for probate must typically be filed within 120 days of the decedent's passing. This step formally begins the probate process, allowing the court to appoint an executor or administrator to handle the estate.
Can You Sue A Deceased Person? The short answer to this question in California is yes. Two sets of California statutes set out the applicable law under these circumstances: Code of Civil Procedure Sections 337.40 through 377.42; and Probate Code Sections 550 through 554.
Can You Sue a Dead Person? No, you legally cannot sue a dead person. However, you can file a lawsuit and/or creditor claim against their estate to request compensation from the deceased's assets.
Generally, in California creditors of a decedent's estate have up to one year (365 days) from the decedent's death to file a timely creditor claim. The claim must be filed inside an open probate court proceeding.
To file the lawsuit, the plaintiff must prove the negligence or wrongful act, file the lawsuit within two years of the date of death, and show that they have suffered damages as a result of the death. Damages and compensation can be calculated based on economic, non-economic, and punitive factors.
Under the LRPMA 1934, eligibility very much depends on if the deceased left a Will. If they did, then the Executor of their Estate, named in the Will, is eligible to bring or continue a claim. If the deceased did not leave a Will, then a set list is followed as outlined in the Administration of Estates Act 1945.
California Probate Codes on Suing an Estate Probate Code 551 allows for filing a lawsuit within 40 days with an additional year if the injured person was unaware of the defendant's demise.
How Long Does An Executor Have To Sell Property In California? In the Golden State, there's no hard and fast deadline for an executor to sell a property. However, they do need to keep things moving along with the estate's timely administration.
