After an exhaustive search on the Internet, I cannot find a clear answer to my question. My sister, who just died, left some limited assets as well as 4-5 old, statute-of-limitations expired, credit card debts that have gone to collections. Her estate may need to be probated.
After the 4 year statute of limitations to file judgements in CA expired, her credit was good enough to get another card, which she managed responsibly the final years of her life. Probating an estate is expensive. The old credit card debt totals some $35,000. Our family is trying to decide if these 4-5 credit card companies/collection agencies can collect in probate after so many years. If they can, the estate may be insolvent and not worth probating. Can they collect? Is the statute of limitations effective after death? Can the estate representative ignore or deny these claims?
That’s why God make probate lawyers. Find a local one and pay for professional legal advice for this situation. It will be money well spent.