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Creditors Claim Probate (San Diego) Form. This is a California form and can be use in San Diego Local County.
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Tags: Creditors Claim Probate (San Diego), PR-53, California Local County, San Diego
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 SAN DIEGO
MADGE BRADLEY BLDG., 1409 4TH AVE., SAN DIEGO, CA 92101-3105
NORTH COUNTY BRANCH, 325 S. MELROSE, VISTA, CA 92083-6627
ESTATE OF (Name):
DECEDENT
CASE NUMBER:
CREDITOR'S CLAIM
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):
an individual
a.
an individual or entity doing business under the fictitious name of (specify):
b.
a partnership. The person signing has authority to sign on behalf of the partnership.
c.
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):
Claimant is
the personal representative
the attorney for the personal representative
5.
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
on reverse
attached.
credited. Facts supporting the claim are
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]
SUPCT PR-53(Rev. 1-98)
CREDITOR'S CLAIM
(Probate)
Probate Code, §§ 9000 at seq.,
9153
2000 (C) American LegalNet, Inc.
ESTATE OF (Name):
CASE NUMBER:
DECEDENT
FACTS SUPPORTING THE CREDITOR'S CLAIM
See attachment (if space is insufficient)
Item and supporting facts
Date of item
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)
Mail. I am a resident of or employed in the county where the mailing occurred.
a.
(1) I enclosed a copy in an envelope AND
deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
(a)
placed the envelope for collection and mailing on the date and at the place shown in items below following
(b)
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)
DE-172 [Rev. January 1, 1998]
SUPCT PR-53(Rev. 1-98)
(SIGNATURE OF CLAIMANT)
CREDITOR'S CLAIM
Page two
(Probate)
2000 (C) American LegalNet, Inc.