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California Probate Code

Probate Code Section 9052: Creditor Claims Period

Probate Code 9052 establishes the time limits for creditors to file claims against a probate estate in California.

3 Related Forms
3 Related Sections
3 Key Deadlines

In This Guide

Plain English Explanation

Creditors have a limited time to file claims against a probate estate. Generally, they must file within 4 months from when the personal representative receives their Letters (official appointment). If the personal representative sends a specific notice to a known creditor, that creditor has 60 days from receiving the notice OR the 4-month deadline, whichever is later. After these deadlines pass, claims are barred forever. However, there's also an absolute outer limit of one year from death under the Code of Civil Procedure.

Key Points to Remember

4-month claim period begins when Letters are issued, not when petition is filed
Known creditors who receive personal notice get the later of 4 months or 60 days from notice
Claims filed after the deadline are barred (cannot be paid from estate)
The personal representative should NOT pay claims before the period expires
One-year absolute deadline from date of death under CCP 366.2
DHCS (Medi-Cal recovery) has special rules and should always be notified

Full Statutory Text

(a) A creditor shall file a claim before expiration of the later of the following times:
(1) Four months after the date letters are first issued to a general personal representative.
(2) Sixty days after the date the notice of administration is given to the creditor, if notice is given under Section 9050.

(b) A claim may not be filed if it is barred by Part 4 (commencing with Section 9000).

(c) Notwithstanding any other statute, no claim may be filed after the time provided in Section 366.2 of the Code of Civil Procedure has expired.

California Probate Code Section 9052

Practical Application

As personal representative, track the claim period carefully. You should: (1) Note the exact date Letters were issued, (2) Calculate the 4-month deadline, (3) Send formal notice to all known creditors immediately, (4) Wait until the claim period expires before paying any creditor claims, and (5) Evaluate claims received before approving payment.

Important Deadlines

  • 4 months from Letters issuance
  • 60 days from creditor notice
  • 1 year from date of death (absolute bar)

Practical Tips

  • Document the exact date Letters were issued to calculate the deadline
  • Send notice to ALL known creditors immediately after appointment
  • Don't pay any creditor claims until after the 4-month period expires
  • Keep proof of all notices sent to creditors
  • Always notify DHCS even if you're unsure about Medi-Cal benefits

Frequently Asked Questions

What happens if a creditor files late?

Late claims are barred and cannot be paid from the estate, even if the estate has sufficient funds. The creditor loses their right to collect. This is why creditors are advised to act promptly.

Do I have to pay all claims that are filed on time?

No. You can reject claims you believe are invalid. If you reject a claim, the creditor can sue the estate to establish the debt. Valid claims are paid in priority order per Probate Code 11420.

Should I pay creditors before the claim period expires?

Generally no. If you pay early and then other claims exceed remaining assets, you may be personally liable. Wait until the claim period expires, evaluate all claims, then pay in priority order.

What about Medi-Cal/DHCS claims?

DHCS has special recovery rights for Medi-Cal benefits paid. They must receive specific notice (within 90 days of death) and have extended claim rights. Always notify DHCS even if no benefits were received.

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