PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000. - 19403.]
Part 8 added by Stats. 1991, Ch. 992, Sec. 3.
§§ 19000–19403 · 69 sections
CHAPTER 1. General Provisions §§ 19000–19012 · 13 sections
- § 19000 As used in this part: (a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether…
- § 19001 (a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject…
- § 19002 (a) Except as expressly provided, this part shall not be construed to affect the right of any creditor to recover from any revocable trust established by the…
- § 19003 (a) At any time following the death of the settlor, and during the time that there has been no filing of a petition to administer the probate estate of the…
- § 19004 If the trustee files, publishes, and serves notice as set forth in Section 19003, then: (a) All claims against the trust shall be filed in the manner and…
- § 19005 The trustee may at any time pay, reject, or contest any claim against the deceased settlor or settle any claim by compromise, arbitration, or otherwise. The…
- § 19006 (a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice as provided in Section 19003 the protection from creditors…
- § 19007 Nothing in this part shall determine the liability of any trust established by the deceased settlor as against any other trust established by that settlor,…
- § 19008 If there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to…
- § 19009 Nothing in this part shall be construed to permit or require disclosure of the existence of the trust or the contents of any of its provisions to any creditor…
- § 19010 Nothing in this part imposes any duty on the trustee to initiate the notice proceeding set forth in Section 19003, and the trustee is not liable for failure to…
- § 19011 (a) The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this…
- § 19012 (a) This part applies to claims against any deceased settlor who dies on or after January 1, 1992. (b) The applicable law in effect before January 1, 1992,…
CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor §§ 19020–19030 · 10 sections
- § 19020 At any time after the filing and first publication of notice pursuant to Chapter 3 (commencing with Section 19040), and after expiration of the time to file…
- § 19021 The petition shall be filed in that county as may be determined pursuant to Section 19003. In the event this action seeks approval of allocation to two or more…
- § 19022 (a) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the…
- § 19023 At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the…
- § 19024 At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a…
- § 19025 (a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, then the case is at issue, notwithstanding the failure. The…
- § 19026 The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or any…
- § 19027 (a) The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition. (b) If…
- § 19029 The court may, on its own motion or on request of a trustee or other person interested in the trust, appoint a guardian ad litem in accordance with Section…
- § 19030 In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
CHAPTER 3. Publication of Notice §§ 19040–19041 · 2 sections
- § 19040 (a) Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with…
- § 19041 The Legislature finds and declares that to be most effective, notice to creditors should be published in compliance with the procedures specified in Section…
CHAPTER 4. Actual Notice to Creditors §§ 19050–19054 · 5 sections
- § 19050 Except as provided in Section 19054, if the trustee has knowledge of a creditor of the deceased settlor, the trustee shall give notice to the creditor. The…
- § 19051 The notice shall be given before expiration of the later of the following times: (a) Four months after the first publication of notice under Section 19040. (b)…
- § 19052 The notice shall be in substantially the following form: NOTICE TO CREDITORS OF _____________ # ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________…
- § 19053 (a) If the trustee believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the trustee is…
- § 19054 Notwithstanding Section 19050, the trustee need not give notice to a creditor even though the trustee has knowledge of the creditor if either of the following…
CHAPTER 5. Time for Filing Claims §§ 19100–19104 · 5 sections
- § 19100 (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the first publication of notice to creditors…
- § 19101 A vacancy in the office of the trustee that occurs before expiration of the time for filing a claim does not extend the time.
- § 19102 A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the trustee or the court after expiration of the time…
- § 19103 (a) Except as provided in subdivision (b), upon petition by a creditor or a trustee, the court may allow a claim to be filed after expiration of the time for…
- § 19104 (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 6. Filing of Claims §§ 19150–19154 · 5 sections
- § 19150 (a) A claim may be filed by the creditor or a person acting on behalf of the claimant. (b) A claim shall be filed with the court and a copy shall be delivered…
- § 19151 (a) A claim shall be supported by the affidavit of the creditor or the person on behalf of the claimant stating: (1) The claim is a just claim. (2) If the…
- § 19152 (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…
- § 19153 The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee…
- § 19154 (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within the time specified in Section 19100, the trustee…
CHAPTER 7. Claims by Public Entities §§ 19200–19205 · 6 sections
- § 19200 (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…
- § 19201 (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…
- § 19202 (a) If the trustee knows or has reason to believe that the deceased settlor received health care under Chapter 7 (commencing with Section 14000) or Chapter 8…
- § 19203 If property in the trust is distributed before expiration of the time allowed a public entity to file a claim, the public entity has a claim against the…
- § 19204 Nothing in this chapter shall be construed to affect the order of priority of debts provided for under other provisions of law.
- § 19205 This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect…
CHAPTER 8. Allowance and Rejection of Claims §§ 19250–19255 · 6 sections
- § 19250 When a claim is filed, the trustee shall allow or reject the claim in whole or in part.
- § 19251 (a) Any allowance or rejection shall be in writing. The trustee shall file the allowance or rejection with the court clerk and give notice to the claimant,…
- § 19252 The trustee shall have the power to pay any claim or portion of a claim and payment shall constitute allowance of the claim to the extent of the payment. The…
- § 19253 (a) A claim barred by the statute of limitations may not be allowed by the trustee. (b) The filing of a claim tolls the statute of limitations otherwise…
- § 19254 If within 30 days after a claim is filed the trustee has refused or neglected to act on the claim, the refusal or neglect may, at the option of the claimant,…
- § 19255 (a) A rejected claim is barred as to the part rejected unless the creditor brings an action on the claim or the matter is referred to a referee or to…
CHAPTER 9. Claims Established by Judgment §§ 19300–19304 · 5 sections
- § 19300 (a) Except as provided in Section 19303, after the death of the settlor all money judgments against the deceased settlor on a claim against the deceased…
- § 19301 When a money judgment against a trustee in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount of the…
- § 19302 (a) Notwithstanding the death of the settlor, a judgment for possession of trust property or a judgment for sale of trust property may be enforced under the…
- § 19303 If trust property of the deceased settlor is subject to an execution lien at the time of the settlor’s death, enforcement against the property may proceed…
- § 19304 (a) An attachment lien may be converted into a judgment lien on property in the trust estate subject to the attachment lien, with the same priority as the…
CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse §§ 19320–19326 · 7 sections
- § 19320 If it appears that a debt of the deceased settlor has been paid or is payable in whole or in part from property in the deceased settlor’s trust, then the…
- § 19321 A petition under Section 19320 shall include a statement of all of the following: (a) All debts of the deceased settlor and surviving spouse known to the…
- § 19322 If it appears from the petition under Section 19320 that allocation would be affected by the value of the separate property of the surviving spouse and any…
- § 19323 (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of…
- § 19324 (a) The trustee, the personal representative, if any, of a deceased settlor’s probate estate, and the surviving spouse may provide for allocation of debts by…
- § 19325 On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the trustee to make payment of the amounts allocated to…
- § 19326 Notwithstanding any other statute, funeral expenses and expenses of last illness, in the absence of specific provisions in a will or trust to the contrary,…
CHAPTER 11. Liability of Settlor’s Surviving Spouse § 19330 · 1 section
- § 19330 If proceedings are commenced under this part for the settlement of claims against the trust, and the time for filing claims has commenced, any action upon the…
CHAPTER 12. Distributee Liability §§ 19400–19403 · 4 sections
- § 19400 Subject to Section 366.2 of the Code of Civil Procedure, if there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee…
- § 19401 Subject to Section 19402, if the trustee filed a proposed notice to creditors pursuant to Section 19003 and published notice to creditors pursuant to Section…
- § 19402 (a) In any action under this chapter, subject to Section 366.2 of the Code of Civil Procedure, the distributee may assert any defenses, cross-complaints, or…
- § 19403 Nothing in this chapter affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is personally liable under…