California Sample Letter for Claim Settlement Against Decedent's Estate
Description
How to fill out Sample Letter For Claim Settlement Against Decedent's Estate?
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FAQ
Creditor's Claim form (Form DE-172, Judicial Council). Itemize the claim and show the date the service was rendered or the debt incurred. Read the form carefully ? it contains important instructions on filing the claim. Mail or deliver a copy of the form to the personal representative and his or her attorney.
Probate Code section 9050 requires that ?the personal representative shall give notice . . . to the known or reasonably ascertainable creditors of the decedent.? If a creditor demands payment from the decedent's estate, the personal representative is deemed to know of the creditor.
How to handle creditors in California during probate. After your loved one dies, you will need to inform creditors of their death. From there, creditors have a time limit to submit claims and you will have to respond within a certain time frame. Overall in California, creditors have only one year to collect on a debt.
Ideally, this will be the Executor, but any relative or beneficiary with standing can begin the probate process by filing California Form DE-111. This petition must be filed with the California Superior Court in the County where the deceased resided at the time of their death.
Open the probate process: If no probate is open, then you, as the creditor, may have to open a probate case to file your claim.
