1.  Opening the Probate Estate

• A probate case is initiated in the Superior Court of the county where the decedent resided.
• The court designates a Personal Representative (PR):
  • Executor (if a will exists)
  • Administrator (if no will is present)

   

2.  Notice to Creditors

California law mandates two forms of notice:

1. Published Notice
   • The PR is required to publish a Notice of Administration to Creditors in a local newspaper.
   • This notice must be published once a week for three consecutive weeks.
2. Direct (Actual) Notice
   • Creditors who are known or can be reasonably identified must receive written notice directly by mail.

3.  Time Limits for Filing Claims

Creditors are obligated to submit a Creditor’s Claim (Judicial Council Form DE-172) within specified deadlines:

• Four months following the issuance of Letters Testamentary/Administration, or
• Sixty days after the creditor receives direct notice

(whichever occurs later)

-> Claims submitted after the deadline are typically barred.

4.  Review of Creditor Claims

The Personal Representative evaluates each claim and may:

• Approve the claim (accept it), or
• Deny the claim (in whole or in part)

The PR has a period of 30 days to respond after the claim is submitted.

5.  If a Claim Is Rejected

• The creditor is required to initiate a lawsuit against the estate within 90 days of the rejection.
• If no lawsuit is filed within 90 days → the claim is permanently barred.

6.  Priority of Payment of Claims

In cases where estate assets are inadequate, claims are settled in the following order (California Probate Code §11420):

1. Administrative expenses (court fees, attorney fees)
2. Funeral and burial costs

• Secured debts (e.g., mortgages)

1. Federal and state taxes
2. Medical expenses incurred during the last illness
3. All other unsecured debts

Creditors with lower priority may receive partial payments or none at all.

7.  Payment of Claims

• Approved claims are disbursed from estate funds.
• Secured creditors may enforce their claims against the estate.