Notice Requirements and Procedures for Notifying Creditors, Including Medical Debt Collectors, in California Probate

Detailed Answer

When a person dies in California, the personal representative must notify creditors so they can file claims against the estate. These procedures apply equally to medical debt collectors and other creditors.

1. Notice to Known Creditors

The personal representative must mail a notice to each known or reasonably ascertainable creditor within two months of appointment. (Prob. Code §9050: link.)
Use Judicial Council form DE-174. Include the creditor’s name and mailing address, the date letters were issued, claim filing deadline, and contact details for the estate. (Prob. Code §9051: link.)
File proof of mailing with the court to show compliance. (Prob. Code §9052: link.)

2. Notice by Publication for Unknown Creditors

If any creditors are unknown or cannot be located, the personal representative must publish a notice once a week for four successive weeks in a newspaper of general circulation in the decedent’s county. (Prob. Code §9054: link.)
First publication triggers the deadline for unknown creditors to file claims.

3. Deadlines to File Claims

Known creditors: They must file within 60 days after mailing of the notice or within 120 days after first publication, whichever is later. (Prob. Code §§9100–9101: link to §9100, link to §9101.)
Unknown creditors: They must file within four months after first publication of the notice.
Late claims may be barred, subject to limited exceptions such as secured claims and creditors with written notice of administration. (Prob. Code §9455: link.)

4. Special Considerations for Medical Debt Collectors

Medical debt collectors qualify as creditors under Probate Code §48. They follow the same notice rules:

If you receive mailed notice, file your claim within the applicable deadline. Use form GC-041.
If you rely on publication notice only, ensure the claim arrives by the four-month cutoff.
Failure to file in time generally bars the claim, subject to court discretion in extraordinary cases.

Helpful Hints

Start the notice process promptly after appointment to avoid missed deadlines.
Keep records of mailing receipts and published notices for court proof.
Use official Judicial Council forms (DE-174, GC-041) to ensure compliance.
Review Probate Code §§9050–9054 and §§9100–9101 for exact timing rules.
When in doubt, consult a probate attorney to protect the estate and creditor rights.