California Probate Center

We Can Probate Any Estate in California - The Law Offices of Roy Newman

How Do I Stop a Creditor OR How Does a Creditor Sue an Estate? California Creditor Claims

One of the many duties of a personal representative are to inform creditors of the passing of a loved one.California statute requires a personal representative give notice of the administration of an estate to known or reasonably ascertainable creditors of the decedent. California Probate Code § 9050.One obvious way for actual knowledge is if a personal representative is aware that the creditor has demanded payment.

Probate is a public process, and the California Probate Code mandates that notice to creditors be published, and that separate written notice be given to known or reasonably ascertainable creditors.The probate code requires three separate publications in certain newspapers and under certain time constraints.The separate written notice actually requires that the notice be served directly on the creditors, with proof of service filed with the court.The failure to meet these minimum requirements will expose the personal representative and the estate to litigation.