When someone passes away in California, how are their unpaid debts and claims against the estate handled during probate, including California probate? Here is an overview of this important process:
- Notice to Creditors – The estate administrator must publish a notice alerting any creditors to make claims within a 4-month window. Known creditors are notified directly by mail as well.
- Filing Claims – Creditors must properly file a timely creditor’s claim to preserve their right to payment. Supporting documentation like bills and statements should be included. Medical bills, credit cards, loans, and taxes are common claims.
- Allowed vs Disallowed – The estate administrator reviews all claims and can accept or reject them. Rejected claims must be pursued in court via a lawsuit against the estate by the deadline stated in the rejection notice.
- Priority of Claims – Allowed claims are paid from estate assets in a specific order per California probate law. Costs of administration are first, then funeral expenses, followed by family allowance, debts/taxes with preference under federal law, and general creditor claims.
- Secured Debts – Creditors with collateral rights against estate property, like mortgage lenders, may seek payment by foreclosing on that property if claims are defaulted.
- Insufficient Assets – If the estate lacks cash to pay all claims, property may need to be sold. Net proceeds are disbursed in the order of priority. Excess lower priority claims are generally discharged.
- Probate Referee Role – This court-appointed referee will conduct an inventory of estate assets to establish valuation if the estate’s sufficiency is in doubt.
Navigating creditor claims is a key responsibility of the estate administrator during probate in California. Legal guidance is invaluable. Contact our experienced probate attorneys for assistance today and let us guide you through every step of the process.