Detailed Answer: Notice Requirements for Probate Creditors in California
In California probate proceedings, personal representatives must notify both known and unknown creditors of the decedent’s estate. This includes medical bill collectors and healthcare providers. The process involves personal notice to known creditors and published notice for unknown creditors. Adhering to statutory timelines is crucial to bar late claims and protect the estate’s assets.
1. Notice to Known Creditors
Within 30 days after letters are issued, the personal representative must mail or deliver a copy of the “Notice of Administration” to each known creditor. The notice must comply with Probate Code §9100 and include:
- The name and address of the personal representative
- The date letters were issued
- A clear deadline to present claims (the later of four months after first publication or 60 days after mailing)
2. Notice to Unknown Creditors (Publication)
For creditors not reasonably ascertainable, the representative must publish the “Notice of Administration” once a week for four consecutive weeks in a newspaper of general circulation in the county where the probate is filed. This publication must begin within 30 days of the letters being issued. See Probate Code §9050 and Probate Code §9052.
3. Deadline for Filing Claims
All creditors, including medical debt collectors, must file claims before the deadline. Under Probate Code §9100, the claim period is:
- Four months from the date of first publication
- Or 60 days from the date of mailing personal notice, if later
After these periods expire, the personal representative may reject late claims under Probate Code §9150. Medical providers must submit creditor claims as unsecured creditors and follow the same deadlines.
Helpful Hints
- Compile a comprehensive list of all potential creditors, including hospitals and clinics.
- Verify mailing addresses and contact information before sending personal notice.
- Retain proof of mailing and publication to demonstrate compliance.
- Monitor incoming claims and respond promptly to creditor inquiries.
- Consult a probate attorney if disputes or complex claims arise.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.