reglab/housing_qa huggingface dataset:
CA Prob Code § 19000 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19000.

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 liquidated or unliquidated:(1) Liability of the deceased settlor, whether arising in contract, tort, or otherwise.(2) Liability for taxes incurred before the deceased settlor’s death, whether assessed before or after the deceased settlor’s death, other than property taxes and assessments secured by real property liens.(3) Liability for the funeral expenses of the deceased settlor.(b) “Claim” does not include a dispute regarding title to specific property alleged to be included in the trust estate.(c) “Creditor” means a person who may have a claim against the trust property.(d) “Trust” means a trust described in Section 18200, or, if a portion of a trust, that portion that remained subject to the power of revocation at the deceased settlor’s death.(e) “Deceased settlor” means a deceased person who, at the time of his or her death, held the power to revoke the trust in whole or in part.(f) “Debts” means all claims, as defined in subdivision (a), all expenses of administration, and all other proper charges against the trust estate, including taxes.(g) “Probate estate” means a decedent’s estate subject to administration pursuant to Division 7 (commencing with Section 7000).(h) “Trust estate” means a decedent’s property, real and personal, that is titled in the name of the trustee of the deceased settlor’s trust or confirmed by order of the court to the trustee of the deceased settlor’s trust.(Amended by Stats. 2015, Ch. 48, Sec. 1. (SB 785) Effective January 1, 2016.)
CA Prob Code § 19001 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19001.

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 to the claims of creditors of the deceased settlor’s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor’s probate estate is inadequate to satisfy those claims and expenses.(b) The deceased settlor, by appropriate direction in the trust instrument, may direct the priority of sources of payment of debts among subtrusts or other gifts established by the trust at the deceased settlor’s death. Notwithstanding this subdivision, no direction by the settlor shall alter the priority of payment, from whatever source, of the matters set forth in Section 11420 which shall be applied to the trust as it applies to a probate estate.(Amended by Stats. 2015, Ch. 48, Sec. 2. (SB 785) Effective January 1, 2016.)
CA Prob Code § 19002 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19002.

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 deceased settlor. (b) Nothing in this part shall be construed as a construction or alteration of any claims procedure set forth under Part 4 (commencing with Section 9000) of Division 7.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19003 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19003.

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 deceased settlor in this state of which the trustee has actual knowledge, the trustee may file with the court a proposed notice to creditors. Upon the court’s assignment of a proceeding number to the proposed notice, the trustee shall publish and serve notice to creditors of the deceased settlor in the form and within the time prescribed in Chapters 3 (commencing with Section 19040) and 4 (commencing with Section 19050). That action shall constitute notice to creditors of the requirements of this part.(b) The filing shall be made with the superior court for the county in this state where the deceased settlor resided at the time of death, or if none, in any county in this state in which trust property was located at the time of the settlor’s death, or if none, in the county in this state that was the principal place of administration of the trust at the time of the settlor’s death.(c) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 7 (commencing with Section 19200).(Amended by Stats. 2015, Ch. 48, Sec. 3. (SB 785) Effective January 1, 2016.)
CA Prob Code § 19004 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19004.

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 within the time provided in this part. (b) A claim that is not filed as provided in this part is barred from collection from trust assets. (c) The holder of a claim may not maintain an action on the claim against the trust unless the claim is first filed as provided in this part.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19005 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19005.

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 trustee may also file a petition in the manner set forth in Chapter 2 (commencing with Section 19020) to settle any claim.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19006 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19006.

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 afforded that trustee and trust shall also be afforded to any other trusts established by the deceased settlor and the trustees and beneficiaries of those trusts.(b) If the personal representative of the deceased settlor’s probate estate has published notice under Section 8120 and given notice of administration of the probate estate of the deceased settlor under Chapter 2 (commencing with Section 9050) of Part 4 of Division 7, the protection from creditors afforded the personal representative of the deceased settlor’s probate estate shall be afforded to the trustee and to the beneficiaries of the trust.(c) In the event that, following the filing and publication of the notice set forth in Section 19003, there shall be commenced any proceeding under which a notice pursuant to Section 8120 is required to be published, then the trustee shall have a right of collection against that probate estate to recover the amount of any debts paid from trust assets that would otherwise have been satisfied (whether by law or by direction in the deceased settlor’s will or trust) by the property subject to probate proceedings.(Amended by Stats. 2015, Ch. 48, Sec. 4. (SB 785) Effective January 1, 2016.)
CA Prob Code § 19007 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19007.

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, except to the extent that the trustee of the other trust shall file, publish, and serve the notice specified in Section 19003 and thereafter seek a determination of relative liability pursuant to Chapter 2 (commencing with Section 19020).(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19008 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19008.

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 Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then the liability of the trust to any creditor of the deceased settlor shall be as otherwise provided by law.(Amended by Stats. 2015, Ch. 48, Sec. 5. (SB 785) Effective January 1, 2016.)
CA Prob Code § 19009 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19009.

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 or beneficiary except as that creditor or beneficiary may otherwise be entitled to that information.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19010 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19010.

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 initiate the proceeding under this part.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19011 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19011.

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 part. The allowance or rejection form may be part of the claim form.(b) Any 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 1215 to the trustee. The claim form shall include a proof of delivery of a copy of the claim to the trustee, which may be completed by the claimant.(Amended by Stats. 2017, Ch. 319, Sec. 99. (AB 976) Effective January 1, 2018.)
CA Prob Code § 19012 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 1 - General Provisions|Section 19012.

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, continues to apply to claims against any deceased settlor who dies before January 1, 1992.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19020 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19020.

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 claims provided in that chapter, a trustee or beneficiary may petition the court under this chapter to approve either of the following:(a) Allowance, compromise, or settlement of any claims that have not been rejected by the trustee under the procedure provided in this part and for which trust property may be liable. (b) An allocation of any amounts due by reason of an action described in subdivision (a) to two or more trusts which may be liable for the claims.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19021 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19021.

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 trusts for which the notice proceeding in Section 19003 would prescribe superior courts for more than one county, the court located in the county so prescribed for the trustee initiating the proceeding under this chapter shall have jurisdiction.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19022 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19022.

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 grounds of the petition.(b) The petition shall set forth a description of the trust and the names of creditors with respect to which action is requested and a description of each claim, together with the requested determination by the court with respect to the claims, provided, however, that this section does not require the filing of a copy of the trust or disclosure of the beneficial interests of the trust. That petition shall also set forth the beneficiaries of the trust, those claimants whose interest in the trust may be affected by the petition, and the trustees of any other trust to which an allocation of liability may be approved by the court pursuant to the petition.(c) The clerk shall set the matter for hearing.(Amended by Stats. 2007, Ch. 159, Sec. 10. Effective January 1, 2008.)
CA Prob Code § 19023 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19023.

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 petition to be served on each of the creditors whose interests in the estate may be affected by the petition in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.(Amended by Stats. 2007, Ch. 159, Sec. 11. Effective January 1, 2008.)
CA Prob Code § 19024 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19024.

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 copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who is not a petitioner:(a) All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.(b) All beneficiaries affected.(c) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee.(d) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.(Amended by Stats. 2017, Ch. 319, Sec. 100. (AB 976) Effective January 1, 2018.)
CA Prob Code § 19025 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19025.

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 case may proceed on the petition and written statements filed by the time of the hearing, and no further pleadings by other persons are necessary. The creditor, beneficiary, or trustee who failed timely to file a written pleading upon notice may not participate further in the proceeding for the determination requested, and that creditor, beneficiary, or trustee shall be bound by the decision in the proceeding.(b) The court’s order, when final, shall be conclusive as to the liability of the trust property with respect to the claims at issue in the petition. In the event of a subsequent administration of the probate estate of the deceased settlor, that order shall be binding on the personal representative of the probate estate of the deceased settlor as well as all creditors and beneficiaries who had notice of the petition.(Amended by Stats. 2015, Ch. 48, Sec. 7. (SB 785) Effective January 1, 2016.)
CA Prob Code § 19026 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19026.

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 beneficiary of the trust.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19027 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19027.

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 the court determines that the assets of the trust estate are insufficient to pay all debts, then the court shall order payment in the manner specified by Section 11420.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19029 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19029.

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 1003.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19030 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor|Section 19030.

19030.  In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19040 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 3 - Publication of Notice|Section 19040.

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 at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlor’s death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlor’s death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, “city” means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.(b) The caption of the notice, the deceased settlor’s name, and the name of the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows: NOTICE TO CREDITORS OF _____________# ____________SUPERIOR COURT OF CALIFORNIACOUNTY OF _________Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.(name and address of trustee or attorney)(c) An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication.(Amended by Stats. 2017, Ch. 319, Sec. 101. (AB 976) Effective January 1, 2018.)