The Statute Of Limitations

A Statute of Limitations is in effect, a law that sets the maximum time after an event, such as a legal proceeding may be initiated. When this period of time passes, a claim may no longer be valid (i.e. any claim would be “time-barred”).  The intention of this code is to facilitate resolution of a matter within a “reasonable” time period.

In California, most Probate Estates are Court supervised, and there is a complicated set of rules relating to Statutes of Limitations for claims against and/or in favor of a Probate Estate. An experienced probate attorney should always be consulted regarding any such claim(s).

In general, the creditor of an Estate has 4 months from the time that creditor receives notice of a Probate Administration, in order to file and serve a Creditor Claim against a Probate Estate. Further, almost all creditor claims are time-barred after one year from the date of the Decedent’s death, subject to two notable exceptions that lay in favor of the State of CA: (i) claims for Medi-Cal insurance recovery; and (ii) claims for unpaid State Income Tax. 

We always advise consulting a qualified Probate Attorney, to protect your rights and eliminate the possibility of being harmed financially, or otherwise, by not understanding any applicable Statute of Limitations concerning a Decedent’s Estate.

For more information or to set up a consultation with one of our qualified representatives, please contact us at info@advanceinheritance.com