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  3. Creditor Claims Against Assets In Probate
  4.  » Steps For Filing A Claim Against An Estate

Effectively File Your Claim And Collect Your Debt

Pursuing a claim against the estate of a decedent is full of minute details and strict statutes of limitations. The failure to adhere to the correct procedure in a timely manner can jeopardize the creditor’s right to collect.

When it comes to filing a claim against a deceased debtor’s estate, I am the attorney to assist you. At The Coleman Firm PC, I combine two decades of experience with my knowledge of the very complex area of creditor law. Based in Orange County, I work with individuals and business entities throughout California to explain the steps of a claim and guide my clients through those steps to collect outstanding debts.

Understanding The Steps Of A Claim

The steps of filing a claim against a debtor’s estate are numerous and complex. Generally, though, the process involves:

  • Opening a probate case: Initiating a claim requires an open probate case. Often, an interested party has petitioned to initiate probate or probate is already in process. If not, you must file a petition to open it.
  • Filing a creditor’s claim: Once there is an open probate case, you can file a creditor’s claim. (You can do this at the same time that you file the probate petition.) The court will then serve the claim to the estate’s representative.
  • Allowing or rejecting the claim: The personal representative will then either allow, reject or partially reject a claim. By allowing a claim, the representative agrees to pay the outstanding debt. A partial or total rejection, however, may necessitate further negotiation or a civil lawsuit for you to collect the maximum amount possible.

Contact The Coleman Firm To Discuss Your Claim

This is merely a simplified explanation of the timeline for creditors. I can provide the efficient and knowledgeable service in estate law and creditor law that you require. Sit down with me in person to discuss how you should pursue a claim. Schedule an initial consultation in which you and I can discuss your needs

To reach me at my Newport Beach office, please call 714-644-9221 or send an email.