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Will estate need to pay creditors listed on will?

Corona, CA |

Creditors was informed to file claims late--more than 10 months after decendent past. Creditors are rejected with the reason of past 1 year SOL.

Attorney Answers 4


  1. As long as the statute is open for creditor claims the estate must pay them before any beneficiaries. Get with an estates attorney to explore the specifics of your case.

    Hope this helps.

    Please remember to designate a best answer to your question.

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  2. If this is a California probate and the statute of limitations has expired, then the claims can be rejected and left unpaid - but your question isn't clear. You say the creditors are "listed" in the will ... if the decedent listed the creditors and directed the executor to pay them, then they must be paid.

    Your probate attorney should be able to assist you with this question.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.


  3. Usually creditors are not listed in the will. If this is a California probate, and the claims period has not expired, a creditor may make a claim in the probate case, whether or not the claim is "listed" in the will. The executor may either accept or reject the claim. The court will ultimately decide on the claim.


  4. Assuming this is a California estate, then then the executor will have to make the decision on whether or not to pay the claim. If he declines to pay the creditor, then the court will make a ruling on the matter.
    I'm not sure exactly what you mean by "...creditors listed on the will." If you can clear this up, it would help me give you a more accurate response.

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