PART 4. CREDITOR CLAIMS [9000. - 9399.]
Part 4 enacted by Stats. 1990, Ch. 79.
§§ 9000–9399 · 48 sections
CHAPTER 1. General Provisions §§ 9000–9004 · 5 sections
- § 9000 As used in this division: (a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and…
- § 9001 (a) The publication of notice under Section 8120 and the giving of notice of administration of the estate of the decedent under Chapter 2 (commencing with…
- § 9002 Except as otherwise provided by statute: (a) All claims shall be filed in the manner and within the time provided in this part. (b) A claim that is not filed…
- § 9003 A claim that is established under this part shall be included among the debts to be paid in the course of administration.
- § 9004 (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988. (b) The applicable law in effect before…
CHAPTER 2. Notice to Creditors §§ 9050–9054 · 5 sections
- § 9050 (a) Subject to Section 9054, the personal representative shall give notice of administration of the estate to the known or reasonably ascertainable creditors…
- § 9051 The notice shall be given within the later of: (a) Four months after the date letters are first issued. (b) Thirty days after the personal representative first…
- § 9052 The notice shall be in substantially the following form: NOTICE OF ADMINISTRATION OF ESTATE OF _______, DECEDENT Notice to creditors: Administration of the…
- § 9053 (a) If the personal representative believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief,…
- § 9054 Notwithstanding Section 9050, the personal representative need not give notice to a creditor even though the personal representative has knowledge of the…
CHAPTER 3. Time for Filing Claims §§ 9100–9104 · 5 sections
- § 9100 (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the date letters are first issued to a general…
- § 9101 A vacancy in the office of the personal representative that occurs before expiration of the time for filing a claim does not extend the time.
- § 9102 A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the personal representative or by the court after…
- § 9103 (a) Upon petition by a creditor or the personal representative, the court may allow a claim to be filed after expiration of the time for filing a claim…
- § 9104 (a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the creditor may later amend or revise the claim. The amendment…
CHAPTER 4. Filing of Claims §§ 9150–9154 · 5 sections
- § 9150 (a) A claim may be filed by the creditor or a person acting on behalf of the creditor. (b) A claim shall be filed with the court and a copy shall be served on…
- § 9151 (a) A claim shall be supported by the affidavit of the creditor or the person acting on behalf of the creditor stating: (1) The claim is a just claim. (2) If…
- § 9152 (a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached to the claim. If a copy…
- § 9153 A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section…
- § 9154 (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within four months after the date letters are first…
CHAPTER 5. Claims by Public Entities §§ 9200–9205 · 6 sections
- § 9200 (a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part. A claim not so filed is…
- § 9201 (a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b): (1) The public entity may…
- § 9202 (a) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney…
- § 9203 (a) Failure of a person to give the written notice or request required by this chapter does not affect the validity of any proceeding under this code…
- § 9204 Nothing in this chapter shall be construed to affect the order of priority of claims provided for under other provisions of law.
- § 9205 This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect…
CHAPTER 6. Allowance and Rejection of Claims §§ 9250–9256 · 7 sections
- § 9250 (a) When a claim is filed, the personal representative shall allow or reject the claim in whole or in part. (b) The allowance or rejection shall be in writing.…
- § 9251 If the personal representative is not authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)): (a)…
- § 9252 (a) If the personal representative or the attorney for the personal representative is a creditor of the decedent, the clerk shall present the claim to the…
- § 9253 A claim barred by the statute of limitations may not be allowed by the personal representative or approved by the court or judge.
- § 9254 (a) The validity of an allowed or approved claim may be contested by any interested person at any time before settlement of the report or account of the…
- § 9255 (a) The personal representative may allow a claim, or the court or judge may approve a claim, in part. The allowance or approval shall state the amount for…
- § 9256 If within 30 days after a claim is filed the personal representative or the court or judge has refused or neglected to act on the claim, the refusal or neglect…
CHAPTER 7. Claims Established by Judgment §§ 9300–9304 · 5 sections
- § 9300 (a) Except as provided in Section 9303, after the death of the decedent all money judgments against the decedent or against the personal representative on a…
- § 9301 When a money judgment against a personal representative in a representative capacity becomes final, it conclusively establishes the validity of the claim for…
- § 9302 (a) Notwithstanding the death of the decedent, a judgment for possession of property or a judgment for sale of property may be enforced under the Enforcement…
- § 9303 If property of the decedent is subject to an execution lien at the time of the decedent’s death, enforcement against the property may proceed under the…
- § 9304 (a) An attachment lien may be converted into a judgment lien on property in the estate subject to the attachment lien, with the same priority as the attachment…
CHAPTER 8. Claims in Litigation §§ 9350–9399 · 10 sections
ARTICLE 1. Claim Where No Pending Action or Proceeding §§ 9350–9354 · 5 sections
- § 9350 This article applies to any claim other than a claim on an action or proceeding pending against the decedent at the time of death.
- § 9351 An action may not be commenced against a decedent’s personal representative on a cause of action against the decedent unless a claim is first filed as provided…
- § 9352 (a) The filing of a claim or a petition under Section 9103 to file a claim tolls the statute of limitations otherwise applicable to the claim until allowance,…
- § 9353 (a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in whole…
- § 9354 (a) In addition to any other county in which an action may be commenced, an action on the claim may be commenced in the county in which the proceeding for…
ARTICLE 2. Claim Where Action or Proceeding Pending § 9370 · 1 section
- § 9370 (a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s personal representative unless all of…
ARTICLE 3. Litigation Where No Claim Required §§ 9390–9392 · 3 sections
- § 9390 (a) An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued under Section 550, and a…
- § 9391 Except as provided in Section 10361, the holder of a mortgage or other lien on property in the decedent’s estate, including, but not limited to, a judgment…
- § 9392 (a) Subject to subdivision (b), a person to whom property is distributed is personally liable for the claim of a creditor, without a claim first having been… see note
ARTICLE 4. Transitional Provision § 9399 · 1 section
- § 9399 (a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law in effect before July 1, 1989, continues to apply to an…