In California, creditors such as credit card companies generally have one year from the date of death to bring a claim against what the person left behind. How those debts are handled depends on whether there’s a probate or a living trust.
- Probate: the court process includes a public notice to creditors. Valid debts are paid through the estate before the heirs receive their share.
- Living trust: the process is handled privately by the trustee, with no court case or public filing.
In this short video, Eric Baskett, a probate and trust real estate specialist with Century 21 Coastal Properties, explains the difference and why it matters for families selling an inherited home.
If you’re an executor, administrator or trustee with a house to sell in Los Angeles or Orange County, Eric offers a free consultation and home value estimate. Call or text 310-807-6879.
Frequently asked questions
Do heirs have to pay a parent’s debts?
Usually not from their own pockets, unless they co-signed or the debt was shared. Debts are generally paid from the estate or trust before heirs receive their share.
Can an inherited house be sold to pay the debts?
Yes. Executors and trustees often sell the home to settle valid debts and then distribute what remains. A probate attorney can explain the steps in your case.
Eric Baskett | Century 21 Coastal Properties | DRE 01446685. Educational only, not legal advice. Trustees still have duties to creditors and beneficiaries, so speak with an estate planning attorney.
