“A claim for or against a person is generally not lost because of that person’s death, but survives subject to the applicable statute of limitations period. All damages are recoverable that might have been recovered against the decedent had the decedent lived, except punitive damages. The claim that survives against a decedent may be asserted against the decedent’s personal representative, or to the extent provided by statute, against the decedent’s successor in interest. However, no suit against a decedent’s estate may be brought, and no suit pending against the decedent at the time of death may be maintained, unless the plaintiff has complied with the claims requirements of the Probate Code and has filed a timely creditor’s claim in the probate proceeding. This requirement applies to all liabilities of the decedent, whether arising in contract, tort, or otherwise; and applies to demands for payment that are not yet due or accrued, or are contingent or unliquidated, as well as fixed, accrued liabilities. Timely filing of a creditor’s claim is an essential element of a claim against the decedent’s estate that must be affirmatively pled and proved. A creditor’s claim must be under oath and state the claimant’s name and address, describe the facts supporting the claim, and assert the claim is “just.” Additionally, the claim must: If due, state the amount of the claim and that all payments on (and offsets to) the claim have been credited. If based on a written instrument, attach the original or a copy of the original with all endorsements, unless it is a recorded trust deed or similar lien, in which case it is sufficient to describe the instrument and state the book and page number where recorded. The Judicial Council has adopted forms for use in filing a claim against a decedent’s estate; these forms are deemed to comply with the requirements of the Probate Code. A claim may be filed by the creditor or a person acting on the creditor’s behalf. The claim must be filed with the court and a copy must be mailed to the decedent’s personal representative. Failure to mail a copy to the decedent’s personal representative does not invalidate a properly filed claim, but any loss that results from the failure will be borne by the creditor. A written demand for payment within the time to present a claim may be accepted by the decedent’s personal representative. If accepted, any formal defects are waived, so long as the amount demanded is paid before the expiration of 30 days after the four-month time limit for filing claims, and all of the following conditions are satisfied: The debt was justly due. The debt was paid in good faith. The amount paid was the true amount of the indebtedness over and above all payments and offsets. The estate is solvent. The deadline for filing a creditor’s claim is the later of the following: 4 months after issuance of letters testamentary or letters of administration to the decedent’s personal representative; or 60 days after the creditor is given notice of administration and within 1 year of the date of death. Nevertheless, the creditor’s claim must be filed within 1 year after letters testamentary or letters of administration are first issued to the decedent’s personal representative, and before an order for final distribution of the estate. Furthermore, there is a 1 year statute of limitations on claims that survive the decedent’s death, regardless of the type of claim, and the decedent’s personal representative cannot approve claims that are barred by the statute of limitations. This statute of limitations is tolled by the timely filing of a creditor’s claim until the claim is rejected, i.e., following rejection of the claim a three-month statute of limitations applies. The decedent’s personal representative must allow or reject a claim (in full or in part) in writing. The personal representative must also file the allowance or rejection with the court clerk and give notice to the creditor, together with a copy of the allowance or rejection. A creditor must bring an action on a rejected claim within 3 months after notice of rejection is given if the claim is due at the time the notice of rejection is given, or within 3 months after the claim becomes due if the claim is not due at the time the notice of rejection is given.”
[California Civil Courtroom Handbook & Desktop Reference [certain citations omitted]]
