Legal Question in Wills and Trusts in California

Collecting debt owed to estate

What is the most effective, least costly way to collect a debt owed to an estate? My mother made a loan to an individual, she was partially repaid but after her death the other party stopped making payments. Can I as the executor of her estate, recover the outstanding debt in Small claims court? If not, where?


Asked on 5/03/03, 11:12 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Collecting debt owed to estate

The executor can sue to recover the funds. If litigation costs are expected to be high, it's best to petition the probate court for instructions and authority to pay such costs. If the amount in this case is small, though, such a petition may not be necessary, especially if all beneficiaries are in agreement.

Read more
Answered on 5/06/03, 12:35 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California