QUESTION

if theres not enough money in a probate estate case to pay medical bills what can be done

Asked on Jul 23rd, 2016 on Trusts and Estates - California
More details to this question:
my son passed at home, yet the police, ambulance came and took my son to hospital and said they were trying to revive him and made a 12,000 medical bill,son had no insurance and theres not enough in his estate for it and other debitors to be paid, How does it work
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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If a probate petition is required for this estate, then there is a priority of debts to be paid.  Take a look at Probate Code § 11420 for the priority of debts.  If a creditor does not make a creditor claim within four months of the administrators issuance of letters of administration, then those creditor claims can be denied.  An insolvent estate cannot file for bankruptcy protection.  But the probate court sells assets and prioritizes creditor claims like a bankruptcy court would.  This is a slow process and will take months to years to complete.
Answered on Jul 29th, 2016 at 10:18 AM

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