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This answer was rated:

how long do you have to make a potential claim against an estate

in california?...
how long do you have to make a potential claim against an estate in california?
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Answered in 35 minutes by:
9/3/2013
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
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Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

You have
either 60 days from the date of the notification (of the death) or
four months from the date Letters are issued,
whichever is later,to file your claim with the court.
You must send a copy of the claim to the person
who was appointed as the personal representative.
Service must be made within 30 days after the
claim is filed or four months from the date Letters
are issued, which ever is later.

You would be considered a creditor of the estate and would need to file this form with the courts within 60 days.

http://www.courts.ca.gov/documents/de172.pdf

I hope the above information is helpful.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
Verified
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Customer reply replied 4 years ago


what does date letters are issued? What letters? What does that mean?


 


Service (What does service mean)? must be made within 30 days after the
claim is filed or four months from the date Letters
are issued, which ever is later.

That's short for letters of administration, which is:

'A formal document issued by a court of probate appointing a manager of the assets and liabilities of the estate of the deceased in certain situations.'

Service, means service of process. Which is just the process of delivering legal documents to someone. You would need to 'serve' the creditor complaint on the executor of the estate within 30 days of when you file it with the court. Service of process can be done through a process server or other. It just needs to be someone who would deliver the document to the executor (or leave it with someone 18 or older at the executor's residence).

For more information:

http://legal-dictionary.thefreedictionary.com/Letters+of+Administration

http://legal-dictionary.thefreedictionary.com/Service+of+Process
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Hello Iaure,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph
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Customer reply replied 4 years ago


Joseph,


 


'A formal document issued by a court of probate appointing a manager of the assets and liabilities of the estate of the deceased in certain situations.'


 


How would I know when that happens and where? Is it where the attorney is located that held the will and trusts? Or the county where he lived and died or the county where the executor lives?


 


 


 

Hello Iarue,

It should be in the county where he lived and died. However, you need not worry about the letters if you already know who the executor of the estate is.
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Customer reply replied 4 years ago


joseph,


 


I am worried about how much time I have to file h-e died july 21 of this year. does this mean I have until Sept 21 of this year?

Yes, you have at least 60 days following his death to file, although that would only be the 19th, since both July and August have 31 days.
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Hello,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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Joseph
Joseph
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