Creditor’s Claims

Third parties can make a claim in court against a decedent’s estate or trust. In general, claims (or “causes of action”), whether in contract, tort, or otherwise, that a third party has against a person survive that person's death. If an action is pending on a cause of action that survives, then the action is not abated by death. The plaintiff is entitled to all damages that might have been recovered had the decedent lived, except punitive damages.

Creditor’s claims in trust litigation and probate litigation are conducted within the Probate Division of the Superior Court or Circuit Court of local jurisdiction. The Probate Division for Santa Clara County Superior Court is located at 191 N. First Street, San Jose, CA.

The Law Offices of Dawson G. Crawford can assist you with creditor’s claims in estates, trusts, or probate, in either Santa Clara County Superior Court, San Francisco County Superior Court, Hawaii’s Fifth Circuit Court (Kauai), or other Superior and Circuit Courts within California or Hawaii.