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
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.
Answered on 7/26/13, 5:02 pm
Victor Waid
Law Office of Victor Waid
I agree with Jennifer Rouse.
Answered on 7/26/13, 6:20 pm
