Navigating through the processes involved in handling an estate after someone has passed can be a daunting task, especially when it comes to dealing with creditors' claims. The DE-174 form serves as a crucial document in this process under the Independent Administration of Estates Act in California. This form is primarily used by a personal representative, who has been authorized to administer the deceased's estate, to formally allow or reject claims from creditors. Notably, it requires detailed information about the claim, including the creditor's name, the amount claimed, and whether the court's approval is necessary for the claim to be paid. Additionally, it mandates that a copy of the creditor's claim be attached and outlines specific actions creditors must take if their claim is rejected, such as filing a lawsuit within a prescribed timeframe. The form also incorporates spaces for judicial officers to approve or reject the claim, further emphasizing its official nature. With a comprehensive structure aimed at facilitating clear communication and legal compliance, the DE-174 form plays an essential role in ensuring the smooth administration of estates and the fair treatment of creditors.
| Question | Answer |
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| Form Name | Form De 174 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | 90-day, E-MAIL, degre lag de 174 fase wala halkolhe beradre, DECLARANT |
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): |
FOR COURT USE ONLY |
TELEPHONE NO.: |
FAX NO. (Optional): |
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ATTORNEY FOR (Name): |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
ESTATE OF
(Name):
DECEDENT
CASE NUMBER:
ALLOWANCE OR REJECTION OF CREDITOR’S CLAIM
NOTE TO PERSONAL REPRESENTATIVE
Attach a copy of the creditor’s claim to this form. If approval or rejection by the court is not required, do not include any pages attached to the creditor's claim.
PERSONAL REPRESENTATIVE’S ALLOWANCE OR REJECTION
1.Name of creditor (specify):
2.The claim was filed on (date):
3.Date of first issuance of letters:
4.Date of Notice of Administration:
5.Date of decedent’s death:
6.Estimated value of estate: $
7.Total amount of the claim: $
8. |
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Claim is allowed for: $ |
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9. |
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Claim is rejected for: $ |
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10.Notice of allowance or rejection given on (date):
11.
Date:
(The court must approve certain claims before they are paid.)
(A creditor has 90 days to act on a rejected claim.* See box below.)
(TYPE OR PRINT NAME OF PERSONAL REPRESENTATIVE) |
(SIGNATURE OF PERSONAL REPRESENTATIVE) |
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NOTICE TO CREDITOR ON REJECTED CLAIM
From the date that notice of rejection is given, you must act on the rejected claim (e.g., file a lawsuit) as follows:
1.Claim due: within 90 days* after the notice of rejection.
2.Claim not due: within 90 days* after the claim becomes due.
*The
COURT’S APPROVAL OR REJECTION
12.
13.
Date:
Approved for: $
Rejected for: $
SIGNATURE OF JUDICIAL OFFICER
14. Number of pages attached: |
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SIGNATURE FOLLOWS LAST ATTACHMENT |
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(Proof of Mailing or Personal Delivery on reverse) |
Page 1 of 2 |
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Form Adopted for Mandatory Use |
ALLOWANCE OR REJECTION OF CREDITOR’S CLAIM |
Probate Code § 9000 et seq., |
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Judicial Council of California |
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www.courtinfo.ca.gov |
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ESTATE OF
(Name):
DECEDENT
CASE NUMBER:
PROOF OF
MAILING
PERSONAL DELIVERY TO CREDITOR
1.At the time of mailing or personal delivery I was at least 18 years of age and not a party to this proceeding.
2.My residence or business address is (specify):
3.I mailed or personally delivered a copy of the Allowance or Rejection of Creditor's Claim as follows (complete either a or b):
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 |
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(a) |
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deposited the sealed envelope with the United States Postal Service with the postage fully prepaid. |
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(b) |
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placed the envelope for collection and mailing on the date and at the place shown in items below |
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following our ordinary business practices. I am readily familiar with this business’s practice for collecting |
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and processing correspondence for mailing. On the same day that correspondence is placed for |
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collection and mailing, it is deposited in the ordinary course of business with the United States Postal |
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Service in a sealed envelope with postage fully prepaid. |
(2) |
The envelope was addressed and mailed |
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b.
(a)Name of creditor served:
(b)Address on envelope:
(c)Date of mailing:
(d)Place of mailing (city and state):
Personal delivery. I personally delivered a copy to the creditor as follows:
(1)Name of creditor 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 DECLARANT) |
(SIGNATURE OF DECLARANT) |
ALLOWANCE OR REJECTION OF CREDITOR’S CLAIM |
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