Drafting a Creditor's Claim in California

A creditor's claim is a claim for money that is made against an estate or a trust.

Making a creditor's claim in California is a fairly simple process. The process is so simple that an attorney is not necessary but, as there are pitfalls, the best course of action is to hire an attorney. Without one it is possible to make errors in assertions of fact, miss required deadlines, or fail to assert to find all of the assets.

Deadlines - Make Your Claim As Soon As Possible

A creditor has either 60 days from when notice of the estate administration is mailed or personally served or 4 months after the date letters are first issued to an estate representative.

If these deadlines are missed a petition can be made to the court to allow for a late claim. The petition will only be granted if either no notice was sent and after the creditor finds out they make their claim within 60 days, or the creditor - within 30 days prior to the deadline for filing the claim and that within 60 days following finding out facts that would indicate that the claim had arisen or that the administration of the estate had begun.

Drafting the Claim

The simplest method for drafting the claim for is to use the Judicial Council of California form, click here to access. The form itself is self-explanatory, however, you can click here for a more detailed explanation of the form. If you require assistance do not hesitate to contact us.


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