At any time after the decedent’s death, an interested person may start proceedings for the administration of the estate. This interested person must petition the court for an order determining the date and place of the decedent’s death, for the appointment of a personal representative, and/or to probate the decedent’s will.

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The time limits imposed on creditor claims depends on multiple factors. The main distinction is whether or not a probate estate has been opened. You can usually determine if a probate estate has been opened by visiting the superior court's website in the county where the decedent lived when he or she died.

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Just because you have not visited your attorney to draft wills and trusts, you might be surprised to discover that you still have a type of estate plan. California law provides a default plan for those people that fail to make plans for their deaths. This plan is referred to as intestate succession. 

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