An individual who owes you money suddenly passes away. With respect to the grieving family, you want to give them space before bringing up the unpaid balance. However, you must be mindful of the time you spent waiting. Understanding California probate law will help you find the right opportunity to recover.
What the one-year bar means
In California, you must take action against a deceased person within one year of their date of death. The clock starts ticking the moment they pass away, regardless of whether their family opened a probate case. However, if the family has opened the probate process, you must follow the shorter deadlines. If this window passes and you have not filed a formal claim, you can lose your legal right to collect unpaid dues.
How to monitor for death and probate
Taking a proactive approach should be your goal, especially when a debtor passes away without notice. If the debtor stops paying, immediately check death records or local obituaries. You may also check the Superior Court records in the county where the debtor lived to see if their family has filed a petition for probate.
If you find out that the debtor has passed away, you might want to rely on the executor’s Notice of Administration. While executors do have the responsibility to notify known creditors, it is best to file a claim immediately due to the shortened period.
What you can do to take action
The one-year deadline can be unforgiving, and missing this can bar you from recovering unsettled debts. Seeking legal guidance from a probate attorney is wise, especially if you are unsure. They can review your files and provide you with strategies, such as opening the probate process, to ensure timely recovery.