Time For Filing Creditor’s Claims During A California Probate

Creditor claims in Los Angeles County, Santa Barbara County, Ventura County and Orange County against the property of a decedent in California must file a timely claim with the county court where the probate proceeding is pending if the claim is to be addressed.

California Probate Code Section 19100 provides this rule about the time for filing claims:

(a) A creditor shall file a claim before expiration of the later of the following times:
(1) Four months after the first publication of notice to creditors under Section 19040.
(2) Sixty days after the date actual notice is mailed or personally delivered to the creditor. This paragraph does not extend the time provided in Section 366.2 of the Code of Civil Procedure.
(b) A reference in another statute to the time for filing a claim means the time provided in paragraph (1) of subdivision (a).
(c) This section shall not be interpreted to extend or toll any other statute of limitations, including that provided by Section 366.2 of the Code of Civil Procedure.

Are you a creditor with a substantial claim? Call Mitchell A. Port to discuss this or other probate matters in California.