Estate Against Fortune In Riverside
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FAQ
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.
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.
Probate cases in Riverside County are usually heard at the Riverside Historic Courthouse at 4050 Main Street.
Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
Can I Do Probate on My Own, Without an Attorney? It's entirely possible to complete all the steps of probate on your own, without an attorney representing you.
Effective April 15, 2021, filings submitted by attorneys for represented parties in all probate actions must be submitted electronically through one of the court's approved electronic filing service providers (“EFSPs”), with limited exceptions for certain documents (see below list of ineligible documents).
Open a case You (the person who starts the case) are called the “petitioner." You must file forms with the court to “open probate.” You file a Petition for Probate (form DE-111) along with other court forms. File the case in the county where the person who died (the decedent) lived.
