Detailed answer — how the notice-to-creditors process works in California

When someone dies and their estate goes through probate, the person appointed to manage the estate (the personal representative, sometimes called an executor or administrator) must let potential creditors know the estate exists and give them an opportunity to file claims. The steps below describe the typical California process, the common timelines, and what happens after a creditor files a claim.

1. Open the estate and appoint a personal representative

To start, someone (often a nominated executor or a close family member) files a petition with the probate court in the county where the decedent lived. The court issues letters testamentary or letters of administration that authorize the personal representative to act for the estate. Only after appointment does the representative have the authority to publish and mail the official notice to creditors.

2. Give the required notices — publication and mailed notice to known creditors

The personal representative must give two types of notice:

• Published (general) notice: The representative arranges for a statutory notice to be published in a newspaper of general circulation in the county where probate is filed. Publication usually runs once a week for a specified number of weeks set by local practice or court rules. The published notice informs unknown creditors and the public that the estate is open and gives the deadline for presenting claims.
• Mailed notice to known creditors: The representative must mail written notice to each creditor the estate knows about (for example, those who have presented bills, loans, or other claims or who are listed on the decedent’s records). Mailing shortens the claim-filing deadline for those creditors.

3. What the notice should say

State law and local court rules require certain information in the notice so creditors know how and when to act. Typical elements include:

• Name of the decedent; probate case number.
• Name and mailing address of the personal representative (or the representative’s attorney).
• Where and when to present claims (deadlines described below).
• A short statement that failure to file a timely claim may bar the creditor from collecting from the estate.

4. Deadlines for creditors (time limits)

The two most important deadlines in California are:

• Four months from first date of publication: A creditor who learns of the estate by public notice (i.e., through the newspaper publication) generally has four months from the date of first publication of the notice to present a claim to the personal representative.
• Sixty days from mailing to known creditors: If the representative mails a notice to a creditor identified by the estate, that creditor typically has 60 days from the date the mailed notice is sent to present a claim.

If a creditor misses these deadlines, the estate can usually treat the claim as barred, except in limited circumstances where the court allows late claims for good cause.

5. How creditors present claims

Creditors must submit a written claim to the personal representative. The claim should:

• Identify the creditor and provide a mailing address.
• State the amount owed and the basis for the claim.
• Attach supporting documents (invoices, contracts, promissory notes, medical bills, etc.).

The representative should date-stamp or otherwise record the date the claim was received.

6. Review, allowance or rejection of claims

After receiving a claim, the personal representative decides whether to allow or reject it. The representative may:

• Pay the claim out of estate assets if allowed.
• Negotiate a settlement with the creditor.
• Formally reject the claim in writing if it is invalid, lacks documentation, or exceeds estate resources.

If a claim is rejected, the creditor must usually file a lawsuit against the estate within a limited time (the exact deadline depends on the rejection notice and applicable statutes) to preserve the claim. If the creditor does not file suit in that time, the claim is usually barred.

7. Special procedures for small or summary administrations

When the estate qualifies as a small estate under California rules, the representative may be able to use simplified procedures that avoid formal publication or reduce notice requirements. These rules can significantly shorten administration but require meeting strict asset-value limits and following statutory steps.

8. Court involvement and enforcement

If disputes arise about notice, claim validity, or distribution, the personal representative or a creditor can ask the probate court to decide. The court can approve or disallow claims and supervise how estate assets are used to pay valid debts.

Where to find the law and official forms

California’s laws governing creditor claims are in the Probate Code division dealing with claims against the estate. See the California Probate Code (Claims Against the Estate) for statutory details: California Probate Code — Division 6 (Claims Against the Estate). For general probate guidance and court forms, see the California Courts self-help probate pages and forms: California Courts — Probate Self-Help and Judicial Council Probate Forms.

Helpful hints

• Start probate promptly if you are the estate representative; delays can complicate creditor notices and distributions.
• Keep a running list of known creditors early (credit card companies, medical providers, mortgage lenders) so you can mail notices and shorten their deadlines appropriately.
• Publish promptly and keep proof of publication. Courts rely on proof that you followed notice requirements.
• Date-stamp every claim you receive, and make a copy for the estate file.
• If you receive a claim you think is invalid, consider consulting an attorney before rejecting it. Rejection triggers a short period for the creditor to sue, and mistakes can expose you to liability.
• Use the official Judicial Council forms where applicable; they prevent avoidable technical mistakes.
• If the estate has limited assets, be transparent with creditors and document offers or settlements in writing.
• When in doubt about deadlines, required wording, or court filings, contact the probate clerk at the local superior court or consult a probate attorney for guidance.