Form De 172 PDF Details

Navigating the complexities of post-deceased estate management, the DE-172 form stands as a crucial document within the California legal system. Designed for creditors to formally assert claims against a deceased individual’s estate, this form encapsulates a series of steps and requirements essential for ensuring due process and compliance with Probate Code sections 9000 et seq., and 9153. It mandates claimants— whether individuals, partnerships, corporations, or other entities—to detail the amount owed, substantiate the legitimacy of the claim, and adhere to strict filing deadlines. The form requires submission to the Superior Court of California, contingent on timing either four months after the estate representative’s authority initiation or sixty days post-creditor notice, whichever occurs later. Furthermore, claimants must also deliver copies to the estate's personal representative and their attorney, underlining the importance of thorough documentation and procedural fidelity. A failure to properly complete, file, and notify may render claims invalid, underscoring the form’s significance in estate administration and creditor reimbursement endeavors.

QuestionAnswer
Form NameForm De 172
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesde172 creditors claim form

Form Preview Example

DE-172

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

TELEPHONE AND FAX NOS.:

FOR COURT USE ONLY

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (Name):

DECEDENT

CREDITOR'S CLAIM

CASE NUMBER:

You must file this claim with the court clerk at the court address above before the LATER of (a) four months after the date letters (authority to act for the estate) were first issued to the personal representative, or (b) sixty days after the date the Notice of Administration was given to the creditor, if notice was given as provided in Probate Code section 9051. You must also mail or deliver a copy of this claim to the personal representative and his or her attorney. A proof of service is on the reverse.

WARNING: Your claim will in most instances be invalid if you do not properly complete this form, file it on time with the court, and mail or deliver a copy to the personal representative and his or her attorney.

1.Total amount of the claim: $

2.Claimant (name):

a.

 

an individual

 

 

 

an individual or entity doing business under the fictitious name of (specify):

b.

 

 

c.

 

 

a partnership. The person signing has authority to sign on behalf of the partnership.

 

 

 

 

 

d.

 

 

a corporation. The person signing has authority to sign on behalf of the corporation.

 

 

 

e.

 

other (specify):

3.

Address of claimant (specify):

 

 

 

 

 

 

 

 

4.

Claimant is

 

the creditor

 

 

a person acting on behalf of creditor (state reason):

 

 

 

5.

 

 

Claimant is

 

 

the personal representative

 

the attorney for the personal representative.

 

 

 

 

 

6.

I am authorized to make this claim which is just and due or may become due. All payments on or offsets to the claim have been

 

credited. Facts supporting the claim are

 

 

on reverse

 

 

attached.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

 

 

 

 

 

 

 

 

 

 

 

 

 

. . . . . . . . . . . . . . . . . . . . . . .

 

 

 

 

 

 

 

(TYPE OR PRINT NAME AND TITLE)

 

 

 

 

 

 

 

(SIGNATURE OF CLAIMANT)

INSTRUCTIONS TO CLAIMANT

A.On the reverse, itemize the claim and show the date the service was rendered or the debt incurred. Describe the item or service in detail, and indicate the amount claimed for each item. Do not include debts incurred after the date of death, except funeral claims.

B.If the claim is not due or contingent, or the amount is not yet ascertainable, state the facts supporting the claim.

C.If the claim is secured by a note or other written instrument, the original or a copy must be attached (state why original is unavailable.) If secured by mortgage, deed of trust, or other lien on property that is of record, it is sufficient to describe the security and refer to the date or volume and page, and county where recorded. (See Prob. Code, § 9152.)

D.Mail or take this original claim to the court clerk's office for filing. If mailed, use certified mail, with return receipt requested.

E.Mail or deliver a copy to the personal representative and his or her attorney. Complete the Proof of Mailing or Personal Delivery on the reverse.

F.The personal representative or his or her attorney will notify you when your claim is allowed or rejected.

G.Claims against the estate by the personal representative and the attorney for the personal representative must be filed within the claim period allowed in Probate Code section 9100. See the notice box above.

(Continued on reverse)

Form Approved by the

Judicial Council of California DE-172 [Rev. January 1, 1998]

CREDITOR'S CLAIM

(Probate)

Probate Code, §§ 9000 et seq., 9153

ESTATE OF (Name):

DECEDENT

CASE NUMBER:

Date of item

FACTS SUPPORTING THE CREDITOR'S CLAIM

See attachment (if space is insufficient) Item and supporting facts

Amount claimed

TOTAL:

$

PROOF OF

MAILING

 

PERSONAL DELIVERY TO PERSONAL REPRESENTATIVE

 

(Be sure to mail or take the original to the court clerk's office for filing)

1.I am the creditor or a person acting on behalf of the creditor. At the time of mailing or delivery I was at least 18 years of age.

2.My residence or business address is (specify):

3.I mailed or personally delivered a copy of this Creditor's Claim to the personal representative as follows (check either a or b below):

a.

 

Mail. I am a resident of or employed in the county where the mailing occurred.

 

 

(1)

I enclosed a copy in an envelope AND

 

 

 

(a)

 

deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.

 

 

 

 

 

 

 

(b)

 

placed the envelope for collection and mailing on the date and at the place shown in items below following

 

 

 

 

 

 

 

 

 

our ordinary business practices. I am readily familiar with this business' practice for collecting and

 

 

 

 

 

processing correspondence for mailing. On the same day that correspondence is placed for collection and

 

 

 

 

 

mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed

 

 

 

 

 

envelope with postage fully prepaid.

 

(2)

The envelope was addressed and mailed first-class as follows:

 

 

 

(a)

Name of personal representative served:

 

 

 

(b)

Address on envelope:

b.

(c)Date of mailing:

(d)Place of mailing (city and state):

Personal delivery. I personally delivered a copy of the claim to the personal representative as follows:

(1)Name of personal representative served:

(2)Address where delivered:

(3)Date delivered:

(4)Time delivered:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

. . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME OF CLAIMANT)

(SIGNATURE OF CLAIMANT)

 

 

DE-172 [Rev. January 1,1998]

CREDITOR'S CLAIM

Page two

(Probate)

How to Edit Form De 172 Online for Free

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Concentrate while filling in this pdf. Make certain every single blank is filled out accurately.

1. While submitting the Form De 172, ensure to complete all of the needed blank fields in their associated area. This will help to hasten the process, allowing your details to be handled promptly and appropriately.

The best way to fill out Form De 172 part 1

2. The subsequent part would be to fill in the next few blanks: a b, c d e, an individual an individual or, a partnership The person signing, Address of claimant specify, Claimant is, the creditor, a person acting on behalf of, Claimant is, the personal representative, I am authorized to make this, the attorney for the personal, credited Facts supporting the, on reverse, and attached.

the attorney for the personal, an individual an individual or, and I am authorized to make this of Form De 172

3. This next segment focuses on ESTATE OF Name, CASE NUMBER, DECEDENT, Date of item, Item and supporting facts, Amount claimed, FACTS SUPPORTING THE CREDITORS, and See attachment if space is - fill out each one of these empty form fields.

Form De 172 completion process explained (portion 3)

4. The subsequent paragraph needs your input in the following parts: PROOF OF, MAILING, PERSONAL DELIVERY TO PERSONAL, Be sure to mail or take the, I am the creditor or a person, TOTAL, I mailed or personally delivered, Mail I am a resident of or, a b, deposited the sealed envelope with, The envelope was addressed and, a Name of personal representative, c Date of mailing d Place of, and Personal delivery I personally. It is important to fill out all needed details to move onward.

Form De 172 conclusion process detailed (step 4)

It is easy to make an error while completing the c Date of mailing d Place of, consequently be sure you reread it before you decide to submit it.

5. To wrap up your document, this particular section requires a couple of additional blank fields. Entering Personal delivery I personally, Date delivered Time delivered, I declare under penalty of perjury, TYPE OR PRINT NAME OF CLAIMANT, DE Rev January, CREDITORS CLAIM, Probate, SIGNATURE OF CLAIMANT, and Page two is going to wrap up the process and you can be done in a tick!

Page two, SIGNATURE OF CLAIMANT, and TYPE OR PRINT NAME OF CLAIMANT inside Form De 172

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