When your judgment debtor dies, the debt doesn't die with them. You have a right to collect from their estate - but you must act within strict deadlines. Miss the deadline, and heirs may inherit assets that should have paid your judgment.
When a judgment debtor dies, your judgment doesn't automatically transfer to the estate. You must take affirmative steps to collect:
Under California Probate Code 9000 et seq., creditors must file a formal claim with the probate court to recover from estate assets. The estate representative (executor or administrator) then approves or rejects your claim.
Your creditor's claim must be filed within the later of:
But in all cases, no later than 1 year after the date of death.
Use Judicial Council Form DE-172 (Creditor's Claim).
The estate will pay your claim according to the priority rules (more on that below). You'll receive payment when estate assets are distributed.
You have 90 days to file a lawsuit against the estate to establish your claim. Your judgment is strong evidence, but you must bring the action timely.
Unlike creditors trying to prove unliquidated claims, you have a court judgment. This is powerful evidence of your claim. The estate representative should allow it unless there's a good reason to dispute validity.
Not all creditors are equal. Under Probate Code 11420, claims are paid in this order:
Higher priority claims are paid in full before lower priority claims receive anything. If estate funds are exhausted before reaching your priority level, you may receive nothing.
If the decedent's debts exceed assets, the estate is insolvent. Lower-priority creditors may receive little or nothing. File your claim anyway - partial recovery is better than none, and estate value may exceed initial estimates.
Sometimes families don't file probate, hoping creditors won't find out about the death or assets will pass informally.
If the estate is under $184,500 (as of 2024), heirs can use a small estate affidavit to collect assets without full probate. You can still file a creditor's claim, but the process is different.
You can petition the court to open a probate proceeding yourself. Under Probate Code 8000, creditors have standing to petition for administration.
If heirs took assets without probate, they may be personally liable to creditors to the extent of assets received. Pursue them directly.
Search county recorder records for property transfers. If real estate was transferred via affidavit of death without probate, you may be able to place a lien on the property or pursue the new owner for the decedent's debts.
Many Californians use living trusts to avoid probate. When the decedent's assets are in a trust, different rules apply.
Under Probate Code 19003, the trustee may give notice to known creditors. You then have 60 days to file an action against the trust. If no notice, the limitation period is 1 year from death.
You cannot use the DE-172 creditor's claim form for trusts. Instead, you must file a civil lawsuit against the successor trustee seeking payment from trust assets.
If the trustee distributes trust assets to beneficiaries before your claim, you may have to pursue the beneficiaries individually. Act quickly once you learn of the death.
Signs include: returned mail marked "deceased," social security death index searches, failed skip traces, or family members mentioning the death. You can search county vital records or use services like Ancestry.com's SSDI database. Once you suspect death, search the county Superior Court for probate cases.
No. The wage garnishment terminates on death because there are no more wages. Any final paycheck owed to the decedent becomes an estate asset. File your creditor's claim to recover from that and other estate assets.
If both spouses were liable on the debt (joint judgment, community debt), you can pursue both the estate AND the surviving spouse. California community property law may make the surviving spouse personally liable for community debts regardless of whether they were named in the judgment.
Yes. If you recorded an abstract of judgment against the debtor's real property before death, your lien survives and attaches to that property. The estate cannot transfer the property free of your lien. This can give you secured creditor status in probate.
If assets remain undistributed, you may petition the court for leave to file a late claim under Probate Code 9103. You must show you had no actual knowledge of probate in time to file. If assets have already been distributed, you may need to pursue beneficiaries who received distributions.
I help creditors navigate probate claims and trust administration to recover judgment amounts from deceased debtor estates before assets are distributed to heirs.