Legal Question in Elder Law in California

Is it necessary or preferable in CA to place a notice to creditors in the paper regarding any final bills?

Asked on 5/24/13, 9:18 am

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Not in California--just be sure to get the "Notice to Creditors" judicial council form to any known creditors. Otherwise, creditors who didn't receive notice can file their creditor claims until the probate closes, subject to the one-year statute of limitations in section 366.2 of the Code of Civil Procedure.

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Answered on 5/24/13, 2:48 pm

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

We don't have to do this in California. I am not sure about other states because I only practice California and Federal law. When probate closes, creditors can file a claim. There is a on-year-statute of limitations.

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Answered on 5/25/13, 7:18 am

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