These posts I am making from a past probate seminar I gave for NBI have generated a lot of interest. That’s great. I have a hunch this will generate the most. There are a lot of insolvent (BANKRUPT) probate estates in California. In many of these cases we can still put dollars in your pocket AND make it so the creditors can’t come after you once probate is done. It’s totally legal too!
Contact me directly or visit our website for information. www.californiaprobate.info
An estate is insolvent if, at fair valuations, the sum of the estate’s debts is greater than all of the estate’s assets (Cal Civil 3439.02).
(a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United Statesor to this state that have preference under the laws of the United Statesor of this state shall be given the preference required by such laws:
(1) Expenses of administration. With respect to obligations secured by mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, only those expenses of administration incurred that are reasonably related to the administration of that property by which obligations are secured shall be given priority over these obligations.
(2) Obligations secured by a mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, in the order of their priority, so far as they may be paid out of the proceeds of the property subject to the lien. If the proceeds are insufficient, the part of the obligation remaining unsatisfied shall be classed with general debts.
(3) Funeral expenses.
(4) Expenses of last illness.
(5) Family allowance.
(6) Wage claims.
(7) General debts, including judgments not secured by a lien and all other debts not included in a prior class.
(b) Except as otherwise provided by statute, the debts of each class are without preference or priority one over another. No debt of any class may be paid until all those of prior classes are paid in full. If property in the estate is insufficient to pay all debts of any class in full, each debt in that class shall be paid a proportionate share.
PRACTICE POINTER: When I see a case is possibly heading toward insolvency I often recommend waiting until the final petition to deal with all creditors. That way you can clearly lay out in one place who is entitled to what. Additionally, that would be noticed for everybody to show up in Court if they disagree.