Who is responsible for a deceased person's debt in California and how do I notify creditors?

In California, the deceased person's estate is responsible for their debts, not the family personally. If the estate's assets are insufficient to cover all debts, some debts may go unpaid. Here is how you typically handle estate debts and notify creditors: Step 1: Identify the Personal Representative The person in charge of the estate (the "personal representative" or "executor") must be formally appointed by the court. You will need a certified copy of the death certificate to begin this process. Step 2: File for Probate The personal representative must file a petition to open a formal probate case with the Superior Court in the county where the deceased person lived. This is the legal process for managing and distributing an estate's assets and debts. Step 3: Notify Known Creditors Once the court appoints you as personal representative, you must provide direct, written notice to all known or reasonably ascertainable creditors. You must use the official "Notice of Administration to Creditors" (Form DE-157). This gives creditors a specific timeframe, usually four months, to file a formal claim with the court. Step 4: Publish a General Notice You must also publish a notice in a local newspaper of general circulation to alert any unknown creditors. This published notice also informs them of their deadline to file a claim. Step 5: Pay Valid Claims from Estate Assets Use the estate's funds to pay valid creditor claims that were filed on time. You must pay debts in the priority order set by the California Probate Code, with funeral expenses, last-illness expenses, and administrative costs being paid before most other debts like credit cards. Important details and nuances: You are generally not personally liable for a deceased person's debts unless you were a co-signer, a joint account holder, or a surviving spouse for debts considered community property. For secured debts like a mortgage, the lender can still repossess the property if payments are not made. Warnings and limitations: Never use your personal funds to pay the debts of the deceased. You are not legally obligated to do so, and you may not be able to get reimbursement from the estate. If a creditor misses the deadline to file a claim, their debt is typically barred from collection. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.