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.


Other Articles


Creditor’s Claims

Conservatorship Litigation


Life Insurance Disputes

Will Contests

Trust Contests




Breach of Trust

Trustee/Executor Representation

Living Trusts


Powers of Attorney

Life Insurance Trusts

No Contest Clauses


Oral or Written Agreements
to Make a Will or Trust

Santa Clara County Trust Litigation
and Probate Litigation

San Francisco County Trust Litigation
and Probate Litigation

Trust and Probate Matters in Hawaii’s
Fifth Circuit Court (Kauai)


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