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  4.  » How Long Does A Creditor Have To File A Claim After A Debtor Dies?

Making Sure That Creditors Do Not Miss A Deadline

The many bureaucratic proceedings and statutes of limitations make creditor law exceedingly complex. Though probate can take a very long time, the statute of limitations often pops up faster than one expects. Missing even one of these deadlines can completely derail the collections process.

At The Coleman Firm PC, I have more than two decades of experience in creditor-debtor law, estate and probate law, and civil litigation. Business entities and individuals throughout California rely on me to ensure that they file their claims in compliance with all regulations and in a prompt fashion. Having previously worked for a large law firm, I now provide boutique services tailored to meet your needs as a creditor.

How Long Do Creditors Have To File Claims?

In California, it is critical to act quickly once a debtor has passed away. As a creditor, you have only one year from the date of the death to file a creditor claim in court. Past this date, you cannot enforce your lien rights.

Other Important Statutes Of Limitations To Know

There are other important periods of which you should be aware. If you are trying to collect on a small estate, it is wise to file a petition for probate within 40 days of the debtor’s death so that beneficiaries cannot transfer assets. Once probate is open and you file a creditor’s claim, you must ensure that the court serves the claim to the estate’s personal representative within 30 days. After this, the representative has up to 30 days to accept, reject or partially reject the claim.

Contact The Coleman Firm So You Do Not Miss A Deadline

These tight deadlines make it crucial to act quickly. Having successfully handled many creditor claims, I know how to mobilize quickly to uphold your rights. Work with me when you want swift, efficient representation. You can schedule an initial consultation with The Coleman Firm PC by calling 714-644-9221 or using my online contact form.