reglab/housing_qa huggingface dataset:
CA Prob Code § 19041 (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 19041.

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 19040. However, the Legislature recognizes the possibility that in unusual cases due to confusion over jurisdictional boundaries or oversights the notice may inadvertently be published in a newspaper which does not meet these requirements. Therefore, to prevent a minor error in publication from invalidating what would otherwise be a proper proceeding, the Legislature further finds and declares that notice published in a good faith attempt to comply with Section 19040 shall be sufficient to provide notice to creditors and establish jurisdiction if the court expressly finds that the notice was published in a newspaper of general circulation published within the city, county, or city and county and widely circulated within a true cross section of the community in which the deceased settlor resided or wherein the principal place of administration of the trust was located or the property was located in substantial compliance with Section 19040.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19050 (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 4 - Actual Notice to Creditors|Section 19050.

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 notice shall be given as provided in Section 1215. For the purpose of this section, a trustee has knowledge of a creditor of the deceased settlor if the trustee is aware that the creditor has demanded payment from the deceased settlor or the trust estate.(Amended by Stats. 2007, Ch. 159, Sec. 14. Effective January 1, 2008.)
CA Prob Code § 19051 (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 4 - Actual Notice to Creditors|Section 19051.

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) Thirty days after the trustee first has knowledge of the creditor.(Amended by Stats. 2007, Ch. 159, Sec. 15. Effective January 1, 2008.)
CA Prob Code § 19052 (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 4 - Actual Notice to Creditors|Section 19052.

19052.  The notice shall be in substantially the following form:NOTICE TO CREDITORSOF _____________# ____________ SUPERIOR COURT OF CALIFORNIA COUNTY 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, or you must petition to file a late claim as provided in Section 19103 of the Probate Code. 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.__________________________(Date of mailing this notice if applicable)___________________________(name and address of trustee or attorney)(Amended by Stats. 2017, Ch. 319, Sec. 102. (AB 976) Effective January 1, 2018.)
CA Prob Code § 19053 (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 4 - Actual Notice to Creditors|Section 19053.

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 not liable to any person for giving the notice, whether or not required by this chapter.(b) If the trustee fails to give notice required by this chapter, the trustee is not liable to any person for that failure, unless a creditor establishes all of the following:(1) The failure was in bad faith.(2) The creditor did not have actual knowledge of the proceedings under Chapter 1 (commencing with Section 19000) sooner than one year after publication of notice to creditors under Section 19040, and payment would have been made on the creditor’s claim if the claim had been properly filed.(3) Within 16 months after the first publication of notice under Section 19040, the creditor did both of the following:(A) Filed a petition requesting that the court in which the proceedings under Chapter 1 (commencing with Section 19000) were initiated make an order determining the liability of the trustee under this subdivision.(B) At least 30 days before the hearing on the petition, caused notice of the hearing and a copy of the petition to be served on the trustee in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.(c) Nothing in this section affects the liability of the trust estate, if any, for the claim of a creditor, and the trustee is not liable to the extent the claim is paid out of the trust estate.(d) Nothing in this chapter imposes a duty on the trustee to make a search for creditors of the deceased settlor.(Amended by Stats. 2007, Ch. 159, Sec. 17. Effective January 1, 2008.)
CA Prob Code § 19054 (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 4 - Actual Notice to Creditors|Section 19054.

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 conditions is satisfied:(a) The creditor has filed a claim as provided in this part. (b) The creditor has demanded payment and the trustee elects to treat the demand as a claim under Section 19154.(Amended by Stats. 2003, Ch. 32, Sec. 14. Effective January 1, 2004.)
CA Prob Code § 19100 (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 5 - Time for Filing Claims|Section 19100.

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 under Section 19040.(2) Sixty days after the date actual notice is mailed or personally delivered to the creditor. This paragraph does not extend the time provided in Section 366.2 of the Code of Civil Procedure.(b) A reference in another statute to the time for filing a claim means the time provided in paragraph (1) of subdivision (a).(c) This section shall not be interpreted to extend or toll any other statute of limitations, including that provided by Section 366.2 of the Code of Civil Procedure.(Amended by Stats. 2007, Ch. 159, Sec. 18. Effective January 1, 2008.)
CA Prob Code § 19101 (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 5 - Time for Filing Claims|Section 19101.

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.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19102 (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 5 - Time for Filing Claims|Section 19102.

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 for filing claims.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19103 (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 5 - Time for Filing Claims|Section 19103.

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 filing a claim provided in Section 19100 if either of the following conditions are satisfied:(1) The trustee failed to send proper and timely notice to the creditor and the petition is filed within 60 days after the creditor has actual knowledge of the administration of the trust.(2) The creditor did not have knowledge of the facts giving rise to the existence of the claim more than 30 days prior to the time for filing a claim as provided in Section 19100, and the petition is filed within 60 days after the creditor has actual knowledge of both of the following:(A) The existence of the facts reasonably giving rise to the existence of the claim.(B) The administration of the trust.(b) Notwithstanding subdivision (a), the court shall not allow a claim to be filed under this section more than one year after the date of first publication of notice to creditors under Section 19040. Nothing in this subdivision authorizes allowance or approval of a claim barred by, or extends the time provided in, Section 366.2 of the Code of Civil Procedure.(c) The court may condition the claim on terms that are just and equitable. The court may deny the claimant’s petition if a distribution to trust beneficiaries or payment to general creditors has been made and it appears the filing or establishment of the claim would cause or tend to cause unequal treatment among beneficiaries or creditors.(d) Regardless of whether the claim is later established in whole or in part, property distributed under the terms of the trust subsequent to an order settling claims under Chapter 2 (commencing with Section 19020) and payments otherwise properly made before a claim is filed under this section are not subject to the claim. Except to the extent provided in Chapter 12 (commencing with Section 19400) and subject to Section 19053, the trustee, distributee, or payee is not liable on account of the prior distribution or payment. This subdivision does not limit the liability of a person who receives a preliminary distribution of property to restore to the trust an amount sufficient for payment of the beneficiary’s proper share of the claim, not exceeding the amount distributed.(Amended by Stats. 2007, Ch. 159, Sec. 19. Effective January 1, 2008.)
CA Prob Code § 19104 (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 5 - Time for Filing Claims|Section 19104.

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 or revision shall be filed in the same manner as the claim.(b) An amendment or revision may not be made to increase the amount of the claim after the time for filing a claim has expired. An amendment or revision to specify the amount of a claim that, at the time of filing, was not due, was contingent, or was not yet ascertainable, is not an increase in the amount of the claim within the meaning of this subdivision. An amendment or revision of a claim may not be made for any purpose after the earlier of the following times:(1) The time the court makes an order approving settlement of the claim against the deceased settlor under Chapter 2 (commencing with Section 19020).(2) One year after the date of the first publication of notice to creditors under Section 19040. Nothing in this paragraph authorizes allowance or approval of a claim barred by, or extends the time provided in, Section 366.2 of the Code of Civil Procedure.(Amended by Stats. 2007, Ch. 159, Sec. 20. Effective January 1, 2008.)
CA Prob Code § 19150 (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 6 - Filing of Claims|Section 19150.

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 to the trustee pursuant to Section 1215. Failure to deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.(Amended by Stats. 2017, Ch. 319, Sec. 103. (AB 976) Effective January 1, 2018.)
CA Prob Code § 19151 (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 6 - Filing of Claims|Section 19151.

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 claim is due, the facts supporting the claim, the amount of the claim, and that all payments on and offsets to the claim have been credited.(3) If the claim is not due or contingent, or the amount is not yet ascertainable, the facts supporting the claim.(4) If the affidavit is made by a person other than the creditor, the reason it is not made by the creditor.(b) The trustee may require satisfactory vouchers or proof to be produced to support the claim. An original voucher may be withdrawn after a copy is provided. If a copy is provided, the copy shall be attached to the claim.(Amended by Stats. 2007, Ch. 159, Sec. 22. Effective January 1, 2008.)
CA Prob Code § 19152 (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 6 - Filing of Claims|Section 19152.

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 is attached, the original instrument shall be exhibited to the trustee on demand unless it is lost or destroyed, in which case the fact that it is lost or destroyed shall be stated in the claim.(b) If the claim or a part of the claim is secured by a mortgage, deed of trust, or other lien that is recorded in the office of the recorder of the county in which the property subject to the lien is located, it is sufficient to describe the mortgage, deed of trust, or lien and the recording reference for the instrument that created the mortgage, deed of trust, or other lien.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19153 (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 6 - Filing of Claims|Section 19153.

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 pursuant to Section 1215. Any such claim form shall include a proof of delivery of a copy of the claim to the trustee which may be completed by the creditor.(Amended by Stats. 2017, Ch. 319, Sec. 104. (AB 976) Effective January 1, 2018.)
CA Prob Code § 19154 (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 6 - Filing of Claims|Section 19154.

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 may waive formal defects and elect to treat the demand as a claim that is filed and established under this part by paying the amount demanded.(b) Nothing in this section limits application of the doctrines of waiver, estoppel, laches, or detrimental reliance or any other equitable principle.(Amended by Stats. 2007, Ch. 159, Sec. 23. Effective January 1, 2008.)
CA Prob Code § 19200 (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 7 - Claims by Public Entities|Section 19200.

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 barred, including any lien imposed for the claim. (b) As used in this chapter, “public entity” has the meaning provided in Section 811.2 of the Government Code, and includes an officer authorized to act on behalf of the public entity.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19201 (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 7 - Claims by Public Entities|Section 19201.

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 provide a form to be used for the written notice or request to the public entity required by this chapter. Where appropriate, the form may require the decedent’s social security number, if known.(2) The claim is barred only after written notice or request to the public entity and expiration of the period provided in the applicable section. If no written notice or request is made, the claim is enforceable by the remedies, and is barred at the time, otherwise provided in the law, act, or code.(b) Law, Act, or CodeApplicable SectionSales and Use Tax Law (commencing with Section 6001 of the Revenue and Taxation Code)Section 6487.1 of the Revenue and Taxation CodeBradley-Burns Uniform Local Sales and Use Tax Law (commencing with Section 7200 of the Revenue and Taxation Code)Section 6487.1 of the Revenue and Taxation CodeTransactions and Use Tax Law (commencing with Section 7251 of the Revenue and Taxation Code)Section 6487.1 of the Revenue and Taxation CodeMotor Vehicle Fuel License Tax Law (commencing with Section 7301 of the Revenue and Taxation Code)Section 7675.1 of the Revenue and Taxation CodeUse Fuel Tax Law (commencing with Section 8601 of the Revenue and Taxation Code)Section 8782.1 of the Revenue and Taxation CodeAdministration of Franchise and Income Tax Law (commencing with Section 18401 of the Revenue and Taxation Code)Section 19517 of the Revenue and Taxation CodeCigarette Tax Law (commencing with Section 30001 of the Revenue and Taxation Code)Section 30207.1 of the Revenue and Taxation CodeAlcoholic Beverage Tax Law (commencing with Section 32001 of the Revenue and Taxation Code)Section 32272.1 of the Revenue and Taxation CodeUnemployment Insurance CodeSection 1090 of the Unemployment Insurance CodeState Hospitals (commencing with Section 7200 of the Welfare andInstitutions Code)Section 7277.1 of the Welfare and Institutions CodeMedi-Cal Act (commencing with Section 14000 of the Welfare and Institutions Code)Section 9202 of the Probate CodeWaxman-Duffy Prepaid Health Plan Act (commencing with Section 14200 of the Welfare and Institutions Code)Section 9202 of the Probate Code(Amended by Stats. 2014, Ch. 144, Sec. 50. (AB 1847) Effective January 1, 2015.)
CA Prob Code § 19202 (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 7 - Claims by Public Entities|Section 19202.

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 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or was the surviving spouse of a person who received that health care, the trustee shall give the State Director of Health Services notice of the death of the deceased settlor or surviving spouse in the manner provided in Section 215.(b) The director has four months after notice is given in which to file a claim.(Amended by Stats. 2007, Ch. 159, Sec. 25. Effective January 1, 2008.)
CA Prob Code § 19203 (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 7 - Claims by Public Entities|Section 19203.

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 distributees to the full extent of the public entity’s claim or each distributee’s share of the distributed property, as set forth in Section 19402, whichever is less. The public entity’s claim against distributees includes interest at a rate equal to that specified in Section 19521 of the Revenue and Taxation Code, from the date of distribution or the date of filing the claim by the public entity, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment.(Amended by Stats. 2007, Ch. 159, Sec. 26. Effective January 1, 2008.)
CA Prob Code § 19204 (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 7 - Claims by Public Entities|Section 19204.

19204.  Nothing in this chapter shall be construed to affect the order of priority of debts provided for under other provisions of law.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19205 (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 7 - Claims by Public Entities|Section 19205.

19205.  This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect representation, or a forged or unauthorized endorsement.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19250 (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 8 - Allowance and Rejection of Claims|Section 19250.

19250.  When a claim is filed, the trustee shall allow or reject the claim in whole or in part.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19251 (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 8 - Allowance and Rejection of Claims|Section 19251.

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, together with a copy of the allowance or rejection, as provided in Section 1215. (b) The allowance or rejection shall contain the following information: (1) The name of the claimant. (2) The date of the settlor’s death. (3) The total amount of the claim.(4) The amount allowed or rejected by the trustee. (5) A statement that the claimant has 90 days from the time the notice of rejection is given, or 90 days after the claim becomes due, whichever is later, in which to bring an action on a claim rejected in whole or in part. (c) The Judicial Council shall prescribe an allowance or rejection form, which may be part of the claim form. Use of a form prescribed by the Judicial Council is deemed to satisfy the requirements. (d) This section does not apply to a demand the trustee elects to treat as a claim under Section 19154.(Added by Stats. 1991, Ch. 992, Sec. 3.)