Detailed Answer
Under California law, estate creditors must receive proper notice before the two-year claim bar applies. To verify that notice requirements were satisfied in the original estate and rely on the two-year rule, a client should:
- Review Court Records: Visit the probate clerk’s office in the county where the estate was administered. Obtain the estate docket or register of actions. Look for filed proofs titled “Proof of Mailing” (Cal. Prob. Code §9100) and “Proof of Publication” (Cal. Prob. Code §9050).
- Examine Proof of Mailing: The personal representative must mail notice to known creditors within 60 days after letters issue (Cal. Prob. Code §9121). The proof of mailing shows who was notified and when.
- Check Proof of Publication: For unknown or unlocatable creditors, the representative must publish notice once a week for three successive weeks in a newspaper of general circulation (Cal. Prob. Code §9050). The filed proof confirms publication dates and venue.
- Confirm the Two-Year Bar: Under Cal. Prob. Code §9350, any creditor claim not barred earlier is extinguished two years after the decedent’s date of death if proper notice was given. Compare the mailing and publication dates against the decedent’s death date to ensure compliance.
- Obtain Certified Documents: If records are not available online, request certified copies of proofs from the court clerk. Certified proofs serve as official evidence of statutory compliance.
- Consult the Personal Representative or Their Attorney: Request copies of the filed proofs of notice. The representative’s file should include all notices sent and published.
Disclaimer: This article provides general information about California probate procedures and is not legal advice. For guidance specific to your situation, consult a qualified attorney.
Helpful Hints
- Bring the probate case number when visiting the court clerk’s office.
- Check the county court’s online case portal for digital copies of proofs of notice.
- Review Cal. Prob. Code §9050 on publication requirements: Prob. Code §9050.
- Review Cal. Prob. Code §9100 on mailing requirements: Prob. Code §9100.
- Review Cal. Prob. Code §9350 on the two-year claim bar: Prob. Code §9350.