How to Fill Out and File Form DE-172: California Creditor’s Claim

To fill out and file California Form DE-172, the Creditor’s Claim, enter the probate case information and your debt details on the two-page Judicial Council form, sign it under penalty of perjury, file the original with the Superior Court where the estate is being probated, and serve a stamped copy on the personal representative (and their attorney). Both steps — filing with the court and delivering to the representative — are required. Skip either one and the claim is invalid.¹

What to Gather Before You Start

The form is short, but it asks for specific information. Have these things in front of you before you open the PDF:

The probate case number and the full legal name of the decedent, exactly as they appear on the Notice of Administration you received or on the court’s online case index.
The name and address of the Superior Court where the case is pending.
Your full legal name (or business name), mailing address, and phone number. If someone else is signing for you, their information goes on the form too, with an explanation of why you aren’t signing personally.
The total amount owed, the date the debt was incurred, and a clear description of what it’s for.
Supporting documents. If the debt is based on a written agreement — a contract, promissory note, or loan agreement — attach the original or a copy showing all endorsements. If you attach a copy, the personal representative or the court can later demand to see the original. If the original is lost or destroyed, say so in the claim.²
Lien information, if the claim is secured. You don’t need to attach the full mortgage or deed of trust. A description of the lien plus the county recorder’s recording reference is enough.

Filling Out the Form

Download the current version of DE-172 from the California Courts website. Courts can reject outdated versions, so use the version currently posted.³ The form is two pages: the claim on the front, a proof of mailing or personal delivery on the back.

At the top, fill in the name and address of the Superior Court, the name of the decedent, and the case number. These have to match the court’s records exactly. Below that, enter your name and mailing address as the creditor.

In the body, state the total amount of your claim and indicate whether the debt is already due or will become due in the future. If the amount is uncertain or depends on events that haven’t happened yet (a contingent claim), explain the circumstances. Then describe the basis for the debt: what was provided, when, and under what terms. Attach invoices, account statements, or contracts as supporting evidence. A vague description or missing attachments is the fastest way to get the claim rejected.

At the bottom of page one, sign under penalty of perjury. Your signature affirms that the amount claimed is justly owed and that you have credited all payments and offsets against the balance. If someone other than the creditor is signing, the form requires an explanation of why the creditor isn’t signing personally.¹ Filing a false claim under penalty of perjury can lead to criminal charges and civil liability, so check your figures before you sign.

Leave page two blank until after you’ve served the personal representative. That page is the proof of service and needs to reflect what you actually did, and when.

Filing With the Court

File the original DE-172 with the clerk of the Superior Court in the county where the probate case is pending. Bring at least two extra copies. The clerk will stamp them as conformed copies — one for your records, one to serve on the personal representative. Ask the clerk’s office about any filing fee before you go; the court’s self-help website or phone line can confirm the current amount.³

Serving the Personal Representative

After filing, serve a conformed copy on the estate’s personal representative and their attorney of record. You can mail it or hand-deliver it. The form itself warns that a claim is invalid unless you both file it with the court and deliver a copy to the personal representative and their attorney.¹ You have the later of 30 days after filing or four months after letters are issued to complete service.⁴

Once served, complete page two of DE-172 — the built-in proof of mailing or personal delivery. Fill it out fully, showing the date, method, and address used. This page is your evidence that you satisfied the service requirement if anyone challenges it later.

When You Have to File By

California gives creditors the later of two deadlines:

Four months after the court first issues “letters,” the formal document granting the personal representative authority over the estate.
Sixty days after the personal representative mails or personally delivers a notice of administration to you as a known creditor.

Whichever falls second is the one that controls. If the notice of administration arrives two months into the case and the 60-day clock puts you past the four-month mark, you get the extra time. If the notice comes early and the 60 days would expire before four months are up, the four-month deadline still governs.⁵ Miss the deadline and the personal representative isn’t required to pay, and the court won’t force them to.

An overarching one-year statute of limitations also applies. If someone dies before the normal limitations period on your claim expires, you have one year from the date of death to act, and that year cannot be extended.⁶ A narrow late-claim petition exists for creditors who received no proper notice or who discovered the claim too late, but the court cannot grant it after the order for final distribution, and it cannot override the one-year limit.⁷

What Happens After You File

The personal representative must allow or reject your claim, in whole or in part.⁸ The decision comes to you on Form DE-174, which states exactly how much is approved and how much is denied.⁹

An allowed claim enters the estate’s payment queue and gets paid according to the statutory priority order, with most trade debts, credit card balances, and personal loans falling into the general-debts category at the bottom.¹⁰

A rejected claim comes with a 90-day window: you have 90 days after receiving the notice of rejection to file a lawsuit in civil court. If the underlying debt isn’t due yet, the 90 days start when the debt becomes due rather than when the rejection arrives.⁹ Let it close without filing, and the claim is gone.

When DE-172 Isn’t the Right Form

Two situations sit outside the ordinary DE-172 process. If you hold a mortgage, deed of trust, or other recorded lien against estate property, you can skip the creditor’s claim entirely and enforce the lien directly — foreclosure, for instance — as long as you waive any right to collect a deficiency from other estate property. To preserve the right to chase a deficiency, file DE-172 in addition, describing the lien and giving the recording reference.¹¹

Government agencies — Department of Health Care Services (Medi-Cal recovery), the Franchise Tax Board, the Employment Development Department — follow their own rules and aren’t automatically bound by the four-month or 60-day windows. Each may require a specific notice form rather than DE-172.

1
Judicial Council of California. California Creditor’s Claim Form DE-172
2
Justia Law. California Probate Code 9150-9154 – Filing of Claims
3
California Courts | Self Help Guide. Creditor’s Claim DE-172
4
California Legislative Information. California Probate Code 9150-9154
5
California Legislative Information. California Probate Code Section 9100
6
California Legislative Information. California Code of Civil Procedure Section 366.2
7
California Legislative Information. California Probate Code Section 9103
8
California Legislative Information. California Probate Code Section 9250
9
Judicial Council of California. Allowance or Rejection of Creditor’s Claim DE-174
10
California Legislative Information. California Probate Code Section 11420
11
California Legislative Information. California Probate Code Section 9391