If no probate is opened, how long does a creditor have to try to collect a debt from a deceased person?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If no probate is opened, how long does a creditor have to try to collect a debt from a deceased person?
I was told that they have 1 year if no probate is opened and 2 years if probate is opened. My brother is on title on my home as tenants in common. He passed away 16 months ago. I had his wife and 3 adult children quit claim any rights to the property to me but haven’t filed anything yet. No liens have been put on the home. His primary residence is a mess with many liens. He is not on the loan, just the title.
Asked on July 2, 2012 under Estate Planning, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
There are some exceptions, but generally a creditor needs to assert themselves within the first 120 days. I am a little confused about how you are a creditor to his estate--did he owe you money in some fashion?
Him being on your title as tenants in common does not make you his creditor--it just means that he may have passed away owning a share of the property, which would have passed to his heirs. Since you had his heirs sign a quit claim they now do not own his share if they inherited it. So you are good to go.
If he did owe you money, then you would be a creditor to his estate. In that case see the dates below described in CA Probate Code Section 9100:
§ 9100: Creditors shall file a claim before expiration of the later of the following times:
- Four months (120 days) after the date letters are first issued to a personal representative (administrator/executor).
- 60 days after the date notice of administration is mailed or personally delivered to the creditor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.