Legal Question in Wills and Trusts in California
who can open a case in probate court?
i have an outstanding judgement against my deceased ex-husband, in the amount of $12,696. i attempted to file form de172 as a creditor, but the forms were sent back as i had left the case # blank. my ex husband died in los angeles, but all next of kin are in the country of sweden. the only link in the states is his DPOA named on the death certificate. would she be the only individual who can bring the case to probate, or have i made a mistake in filing? perhaps i needed more forms than just the de172. this is all being handled at superior court on hill street in downtown los angeles.
2 Answers from Attorneys
Any interested party, which includes creditors, can file to open a probate. You do have to notify anyone who might be an heir, so you do need to send the paeprs to his relatives in Sweden if you think any of them might be heirs. You will need to have someone sign the proof of service tha the papers were actually mailed to the people listed on the proof. If he owned any real estate, you could get a lien against the property also.
as the other attorney mentioned, you cannot just file a creditor's claim if there is no existing probate filed... there are a bunch of formalities to file a petition for probate; if you don't want to hire a lawyer, consult a book on probate from Nolo Press (google it)
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