PART 9. PAYMENT OF DEBTS [11400. - 11467.]
Part 9 enacted by Stats. 1990, Ch. 79.
§§ 11400–11467 · 26 sections
CHAPTER 1. Definitions and Preliminary Provisions §§ 11400–11405 · 4 sections
ARTICLE 1. Definitions §§ 11400–11402 · 3 sections
- § 11400 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
- § 11401 “Debt” means: (a) A claim that is established under Part 4 (commencing with Section 9000) or that is otherwise payable in the course of administration. (b) An…
- § 11402 “Wage claim” means a claim for wages, not exceeding two thousand dollars ($2,000), of each employee of the decedent for work done or personal services rendered…
ARTICLE 2. Proceedings Commenced Before July 1, 1988 § 11405 · 1 section
- § 11405 (a) This part does not apply in any proceeding for the administration of a decedent’s estate commenced before July 1, 1988. (b) The applicable law in effect…
CHAPTER 2. General Provisions §§ 11420–11429 · 7 sections
- § 11420 (a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to this state that have…
- § 11421 Subject to Section 11420, as soon as the personal representative has sufficient funds, after retaining sufficient funds to pay expenses of administration, the…
- § 11422 (a) Except as provided in Section 11421, the personal representative is not required to pay a debt until payment has been ordered by the court. (b) On the…
- § 11423 (a) Interest accrues on a debt from the date the court orders payment of the debt until the date the debt is paid. Interest accrues at the legal rate on…
- § 11424 The personal representative shall pay a debt to the extent of the order for payment of the debt, and is liable personally and on the bond, if any, for failure…
- § 11428 (a) If an estate is in all other respects ready to be closed, and it appears to the satisfaction of the court, on affidavit or evidence taken in open court,…
- § 11429 (a) Where the accounts of the personal representative have been settled and an order made for the payment of debts and distribution of the estate, a creditor…
CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse §§ 11440–11446 · 7 sections
- § 11440 If it appears that a debt of the decedent has been paid or is payable in whole or in part by the surviving spouse, or that a debt of the surviving spouse has…
- § 11441 The petition shall include a statement of all of the following: (a) All debts of the decedent and surviving spouse known to the petitioner that are alleged to…
- § 11442 If it appears from the petition that allocation would be affected by the value of the separate property of the surviving spouse and any community property and…
- § 11443 The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of the petition and the order to show cause, if any.
- § 11444 (a) The personal representative and the surviving spouse may provide for allocation by agreement and, on a determination by the court that the agreement…
- § 11445 On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the personal representative to make payment of the…
- § 11446 Notwithstanding any other statute, funeral expenses and expenses of last illness shall be charged against the estate of the decedent and shall not be allocated…
CHAPTER 4. Debts That are Contingent, Disputed, or Not Due §§ 11460–11467 · 8 sections
- § 11460 As used in this chapter: (a) A debt is “contingent” if it is established under Part 4 (commencing with Section 9000) in either a fixed or an uncertain amount…
- § 11461 When all other debts have been paid and the estate is otherwise in a condition to be closed, on petition by an interested person, the court may make or modify…
- § 11462 Notwithstanding any other provision of this chapter, if the court determines that all interested persons agree to the manner of providing for a debt that is…
- § 11463 The court may order an amount deposited in a financial institution, as provided in Chapter 3 (commencing with Section 9700) of Part 5, that would be payable if…
- § 11464 (a) The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person files with the…
- § 11465 (a) The court may order that a trustee be appointed to receive payment for a debt that is contingent, disputed, or not due. The court in determining the amount…
- § 11466 The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person gives a bond…
- § 11467 The court may order that the administration of the estate continue until the contingency, dispute, or passage of time of a debt that is contingent, disputed,…