Tag: Code of Civil Procedure Section 366.2

Beware of Dormant Creditor Claims in California Probate Cases

California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents.  Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves with an uncollectable claim against an otherwise solvent estate.  You snooze, you lose. On the other hand, once a creditor makes a claim … Continue Reading

California Plaintiff Who Sues Decedent’s Insurer Can Recover Costs on Top of Policy Limits

It’s generally not easy to sue a deceased person’s estate in California. In most cases, claimants must file a creditor’s claim before proceeding with a lawsuit in the Superior Court, which may first require bringing a petition to open up probate of the decedent’s estate. Claimants must move quickly given the one-year statute of limitations … Continue Reading
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