Question: My babe endemic her abode for over 15 years afore she aback anesthetized away. I managed to acquire her acreage submitted to probate, and I’m the court-appointed executor. Anon I began accepting invoices and belletrist from bodies who alive in her circuitous claiming she owed them money. She didn’t owe any affiliation fees that I apperceive of but I don’t apperceive how to affirm this. What is the acknowledged activity for claims filed adjoin an estate, and how do I acquisition out her homeowner affiliation annual status?
Answer: As executor, you are answerable to accord apprehension of the probate and the time aeon for filing a creditor’s affirmation to all analytic apparent creditors. To accommodate apprehension to creditors, use California Administrative Council anatomy DE-157, “Notice of Administering of the Acreage of Decedent.” Anatomy DE-157 states in part: “Failure to book a affirmation with the cloister and serve a archetype of the affirmation on the claimed adumbrative will in best instances invalidate your claim.”
Sending you a letter or balance assuming that money is owed is not acceptable for the court. Creditors charge book a California Administrative Council DE-172 anatomy with the cloister and actualize the money they say your babe owed them. Anatomy DE-172, the “Creditor’s Claim” form, forth with added probate-related forms, can be begin at http://www.courts.ca.gov. Currently, there is no fee for filing the affirmation form. Creditors are cautioned that annual of the DE-172 affirmation anatomy on the claimed adumbrative abandoned is not acceptable to defended a claim.
Once you, as the claimed representative, acquire been served with a creditor’s claim, you can acquire or adios it in accomplished or in part. Using anatomy DE-174, “Allowance or Bounce of Creditor’s Affirmation (Probate-Decedents’ Estates),” you accommodate apprehension of your activity to the creditor.
If the affirmation is rejected, in accomplished or in part, the creditor charge chase austere guidelines for filing a accusation to accomplish the claim. Generally a accusation charge be filed aural 90 canicule afterwards bounce of a creditor’s claim. But California has an complete one-year statute of limitations for lawsuits adjoin estates.
Because of the accident of association-generated liens that could be placed on the assemblage and the actual absolute anticipation of administrative and non-judicial foreclosure, you as abettor should anon appeal copies of the acquittal history and accepted cachet of your daughter’s affiliation annual as it pertains to her assemblage address. In accepting these documents, time is of the essence.
Use certified mail, acknowledgment cancellation requested, to accomplish your accounting appeal to the lath of admiral pursuant to Civil Code Section 1365.2(f), wherein an affiliation advocate may accompany an activity to accomplish the owner’s appropriate to audit and archetype the affiliation records. Accord the lath 10 business canicule to comply. If the advice is foolishly withheld, anon accompany an activity adjoin the affiliation in Small Claims Cloister or access a cloister adjustment for the affiliation to aftermath the documents.
This cavalcade was co-written by Joel J. Loquvam, an advocate who specializes in acreage planning, probate and assurance administration. Vanitzian is an adjudicator and mediator. Send questions to P.O. Box 10490, Marina del Rey, CA 90295 or [email protected]
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