Legal Question in Wills and Trusts in California
Notice to Creditors
If, as administrator, I've paid all debts owed by the decedent; do I have to publish a notice to creditors in the local paper? I've already published a petition to probate in the newspaper.
4 Answers from Attorneys
Re: Notice to Creditors
Yes
Re: Notice to Creditors
You don't need to publish a separate notice to creditors. The notice of probate petition was sufficient, if you feel you have paid all of the debt.
Re: Notice to Creditors
Yes. The purpose is to flush out anyone with claims against the estate that you don't know about. If they don't make a claim after publication, they lose the claim.
Re: Notice to Creditors
As Administrator, you should have an attorney to advise you. Your attorney would explain that the publication of the notice is required, because you cannot know for certain that all creditors have been identified, and the publication of the notice creates an irrebutable presumption of notification.
Please retain competent counsel, if you have not yet done so.
Good luck.
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