Legal Question in Wills and Trusts in California

does California probate form DE-310 qualify for the 4 month period for claims to be filed. Specific to California law on medical recovery of medical expenses. We do not want DHCS to draw this out.


Asked on 7/26/13, 4:31 pm

2 Answers from Attorneys
Jennifer Rouse Meissner Joseph & Palley

You have to file for a full probate, not a petition to determine succession, to trigger the creditor's claim period. In a full probate, you are required to give notice to DHCS and it has a set period to file a claim regardless of the four month period.

Any debt of the decedent will pass to the beneficiaries if you file a petition for successionn.

DHCS is fairly quick to respond if there is no claim and they usually file one within the required time if there is a claim.

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Answered on 7/26/13, 5:02 pm
Victor Waid Law Office of Victor Waid

I agree with Jennifer Rouse.

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Answered on 7/26/13, 6:20 pm


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