Creditors’ Claims Against Probate Estates

Our San Francisco Probate Litigation Attorneys Enforce and Defend Debt Collections

San Francisco probate litigation attorneys represent and defend creditors’ claims against estates and trusts in probate court using California Probate Law.An individual’s death does not extinguish creditors’ claims for personal or business debts. However, creditors must act quickly to assert their claims against an estate to avoid losing their rights forever. Whether the creditor is seeking payment from a probate estate or a claim against a trust, probate courts have jurisdiction to make decisions regarding disputed debts. Our San Francisco probate litigation attorneys represent and defend creditors’ claims against estates and trusts in probate court using California Probate Law.

Creditors’ Claims Against Probate Estates

Probate administrators and executors must give notice to known creditors as part of their duties to an estate. This gives creditors the opportunity to file claims and receive payment of money owed prior to the estate formally closing. If a creditor receives actual notice of the death by mail, the creditor has until the later of four months from the time the estate was opened, or 60 days from the date of the notice to file the claim.

Once the creditor files a claim against an estate, the executor or administrator will either pay the debt or dispute it in whole or in part. Once the executor provides notice to the creditor that the estate disputes the debt, the creditor must file suit within 90 days of the rejection. Creditors should remain vigilant so as not to miss a deadline.

Creditors’ Claims Against Trusts

As with probate estates, after the settlor of a trust passes away, trustees do not have to, but may elect to, opt into the creditor’s claim procedure followed by probate estates. If the trustee does not elect to follow that claim procedure, a creditor has up to one year from the date of death to assert its claim.

Seek Representation Now to Avoid Missing Deadlines

As stated above, there are very specific and short timelines to which creditors must comply to ensure they are able to enforce their rights against a probate estate or trust under California probate law. Charles Triay, the founder of Triay Law Office, has been practicing contested probate litigation for over 30 years. He has provided unsurpassed representation in notable cases throughout Northern California. Unlike other law firms, the Triay Law Office gives clients the option to pay attorney fees an hourly or contingency basis. Please contact our San Francisco probate litigation lawyers if you have a creditor claim against an estate, or need to defend against such a claim in probate court.