BRIEF: Can any creditor file probate for an intestate or must it be a secured creditor?

Usually the will is filed for probate by the person nominated as Executor. If that has not happened, the Probate Code allows “any interested person” to initiate the probate proceedings. An “interested person” includes heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered. Hence, any creditor, secured or unsecured, has standing to initiate a probate.

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A BRIEF is a short answer to a legal question

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