This Channel is a god send and With attorney's giving me the run around by cherry picking cases or what not, I would be at a standstill with relatives breathing down my neck for results. I might shed a tear at how invaluable this has been for me, Thank you so much. At least I can fight for what my father wanted without being kept in the dark on what needs to take place. Sincerley, Robert LeBlanc
The peace of mind you provide is a God send. Thank you. Question, Can I send DE-157 to creditors prior to Probate Petition Hearing (initial hearing)? If so, would I mark 3b from date of mailing or 3a from date of hearing?
The creditor’s claim period doesn’t run until letters are issued to a personal representative, so it’s best to send creditor’s notice after the petition for probate is granted.
Thank you for all of your great information. Would this form be needed be sent to credit cards companies if the debts were all previously paid. Such as credit cards with zero balance or a spectrum collection after death but was paid in full?
Small Calif. Estate less than $20,000 and no real estate. Not planning to file probate due to lack of assets. Do I still need to file a public notice such as in the newspaper? Does A&B have a video?
As the personal Administrator with full authority do i have to file a creditor’s claim form for the mortgage and utility fees i paid out of pocket for the deceased after her death?
We are trying to file a creditors claim form for storage for an abandoned RV left on our property we recently purchased. The vehicle belonged to the deceased, the property belonged to her father. The deceased never lived on the property. We reached out to probate prior to closing to ask what they were planning to do with the RV. Probate said they were still sending out letters and had to designate the administrator but were actually the ones who suggested to charge storage if it was abandoned at closing. Ninety days later, the administrator has been selected, the deceased Father, former property owner. We have not received a letter and want to file a claim formally. Probate will not provide the case # or which court it was filed in. How can we get this information so we can file our(DE-172) claim?
You do a name search for the decedent. If you go to the Superior Court website for the county where the decedent passed away, you can do a name search and find her case. If you are not sure what county she lived in at the time of her death, then you can try searching in a few different counties. You'll find it eventually.
If you need to file a form DE-172 Creditor’s Claim form, can it be mailed to the court clerk, certified mail, or does it need to be personally delivered to the clerk in San Diego?
If you have rejected a partial portion of a creditors claim and they have cashed the approved amount and not filed a lawsuit within 90 days, can you close probate?
Hi mother passed had car leased only one year with Honda. I returned it. Filing for probate myself. I'm sending them De-157 but do I need to complete this form De-172 or leave black for them to fill out. Thank you
You submit nothing. You only have to serve known creditor's with notice. If there are no known creditors, then you do not need to send creditor's notice to anyone. Makes it much easier. As always, consult with a lawyer to answer your specific questions.
Typically a claim must be paid before you close probate. There is not a set time, but it must be paid prior to closing the probate estate. Of course, a creditor may want payment sooner, so you would need to work with the creditor in that case. This is just our general information, your circumstances may vary.
Does this need to be filled out if there are no known creditors? My mother passed a couple of weeks ago, and there are no creditors that we know of...other than property tax that is owed in April. Does that count? Home owners insurance?
No known creditors = no Creditor's form required. The purpose of the form is to set the clock running for known creditors. So if there are no known creditors, then there is no need to notice anyone. Of course, you should always consult a lawyer to answer any question specific to your case.
@@keitha.davidson5675 if the credit debt was paid off would this form still be required? Such as 2 credit cards with zero debt or a prior collection that ha been paid in full?
This Channel is a god send and With attorney's giving me the run around by cherry picking cases or what not, I would be at a standstill with relatives breathing down my neck for results. I might shed a tear at how invaluable this has been for me, Thank you so much. At least I can fight for what my father wanted without being kept in the dark on what needs to take place.
Sincerley, Robert LeBlanc
Thank you for the nice words and glad we could help.
The peace of mind you provide is a God send. Thank you. Question, Can I send DE-157 to creditors prior to Probate Petition Hearing (initial hearing)? If so, would I mark 3b from date of mailing or 3a from date of hearing?
The creditor’s claim period doesn’t run until letters are issued to a personal representative, so it’s best to send creditor’s notice after the petition for probate is granted.
Thank you for all of your great information. Would this form be needed be sent to credit cards companies if the debts were all previously paid. Such as credit cards with zero balance or a spectrum collection after death but was paid in full?
Small Calif. Estate less than $20,000 and no real estate. Not planning to file probate due to lack of assets. Do I still need to file a public notice such as in the newspaper? Does A&B have a video?
Hi, on the DE-174 if a law firm is filing the claim on behalf of a creditor, which name goes on the "Name of Creditor", thanks.
As the personal Administrator with full authority do i have to file a creditor’s claim form for the mortgage and utility fees i paid out of pocket for the deceased after her death?
We are trying to file a creditors claim form for storage for an abandoned RV left on our property we recently purchased. The vehicle belonged to the deceased, the property belonged to her father. The deceased never lived on the property. We reached out to probate prior to closing to ask what they were planning to do with the RV. Probate said they were still sending out letters and had to designate the administrator but were actually the ones who suggested to charge storage if it was abandoned at closing. Ninety days later, the administrator has been selected, the deceased Father, former property owner. We have not received a letter and want to file a claim formally. Probate will not provide the case # or which court it was filed in. How can we get this information so we can file our(DE-172) claim?
You do a name search for the decedent. If you go to the Superior Court website for the county where the decedent passed away, you can do a name search and find her case. If you are not sure what county she lived in at the time of her death, then you can try searching in a few different counties. You'll find it eventually.
My mother's estate has only a reverse mortgage. I have been in contact with them and we will be selling the property. Do I still list them on DE-157?
It never hurts to put all known creditors on DE-157. Better to put too many than too few.
If you need to file a form DE-172 Creditor’s Claim form, can it be mailed to the court clerk, certified mail, or does it need to be personally delivered to the clerk in San Diego?
If you have rejected a partial portion of a creditors claim and they have cashed the approved amount and not filed a lawsuit within 90 days, can you close probate?
Hi mother passed had car leased only one year with Honda. I returned it. Filing for probate myself. I'm sending them De-157 but do I need to complete this form De-172 or leave black for them to fill out. Thank you
You send them the blank DE-172 and the creditor will fill it out if they choose to file a creditor's claim. Just that easy.
Thank you so much for responding!
If the decedent had no debt or known creditors what do you submit?
You submit nothing. You only have to serve known creditor's with notice. If there are no known creditors, then you do not need to send creditor's notice to anyone. Makes it much easier. As always, consult with a lawyer to answer your specific questions.
If you approve a claim, how soon do you have to pay the claim? Does it have to be within the 4 month period? Thanks.
Typically a claim must be paid before you close probate. There is not a set time, but it must be paid prior to closing the probate estate. Of course, a creditor may want payment sooner, so you would need to work with the creditor in that case. This is just our general information, your circumstances may vary.
@@AlDavLaw Hi, on the DE-174 if a law firm is filing the claim on behalf of a creditor, which name goes on the "Name of Creditor", thanks.
So this form is basically qualifying the various ‘debtors’ as Creditors... that’s nice.🥴
Does this need to be filled out if there are no known creditors? My mother passed a couple of weeks ago, and there are no creditors that we know of...other than property tax that is owed in April. Does that count? Home owners insurance?
No known creditors = no Creditor's form required. The purpose of the form is to set the clock running for known creditors. So if there are no known creditors, then there is no need to notice anyone. Of course, you should always consult a lawyer to answer any question specific to your case.
@@keitha.davidson5675 if the credit debt was paid off would this form still be required? Such as 2 credit cards with zero debt or a prior collection that ha been paid in full?