reglab/housing_qa huggingface dataset:
CA Prob Code § 9370 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 2 - Claim Where Action or Proceeding Pending|Section 9370.

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 the following conditions are satisfied:(1) A claim is first filed as provided in this part.(2) The claim is rejected in whole or in part.(3) Within three months after the notice of rejection is given, the plaintiff applies to the court in which the action or proceeding is pending for an order to substitute the personal representative in the action or proceeding. This paragraph applies only if the notice of rejection contains a statement that the plaintiff has three months within which to apply for an order for substitution.(b) No recovery shall be allowed in the action against property in the decedent’s estate unless proof is made of compliance with this section.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9390 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 3 - Litigation Where No Claim Required|Section 9390.

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 judgment in the action may be enforced against the insurer, without first filing a claim as provided in this part.(b) Unless a claim is first made as provided in this part, an action to establish the decedent’s liability for damages outside the limits or coverage of the insurance may not be commenced or continued under Section 550.(c) If the insurer seeks reimbursement under the insurance contract for any liability of the decedent, including, but not limited to, deductible amounts in the insurance coverage and costs and attorney’s fees for which the decedent is liable under the contract, an insurer defending an action under Section 550 shall file a claim as provided in this part. Failure to file a claim is a waiver of reimbursement under the insurance contract for any liability of the decedent.(Amended by Stats. 1990, Ch. 710, Sec. 23. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
CA Prob Code § 9391 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 3 - Litigation Where No Claim Required|Section 9391.

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 lien, may commence an action to enforce the lien against the property that is subject to the lien, without first filing a claim as provided in this part, if in the complaint the holder of the lien expressly waives all recourse against other property in the estate. Section 366.2 of the Code of Civil Procedure does not apply to an action under this section. The personal representative shall have the authority to seek to enjoin any action of the lienholder to enforce a lien against property that is subject to the lien.(Amended by Stats. 1996, Ch. 862, Sec. 25. Effective January 1, 1997.)
CA Prob Code § 9392 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 3 - Litigation Where No Claim Required|Section 9392.

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 filed, if all of the following conditions are satisfied:(1) The identity of the creditor was known to, or reasonably ascertainable by, a general personal representative within four months after the date letters were first issued to the personal representative, and the claim of the creditor was not merely conjectural.(2) Notice of administration of the estate was not given to the creditor under Chapter 2 (commencing with Section 9050) and neither the creditor nor the attorney representing the creditor in the matter had actual knowledge of the administration of the estate before the time the court made an order for final distribution of the property.(3) The statute of limitations applicable to the claim under Section 353 of the Code of Civil Procedure has not expired at the time of commencement of an action under this section.(b) Personal liability under this section is applicable only to the extent the claim of the creditor cannot be satisfied out of the decedent and is limited to the extent of the fair market value of the property on the date of the order for distribution, less the amount of any liens and encumbrances on the property at that time. Personal liability under this section is joint and several, based on the principles stated in Part 4 (commencing with Section 21400) of Division 11 (abatement).(c) Nothing in this section affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is personally liable under this section.(Added by Stats. 1990, Ch. 79, Sec. 20. See prevailing Section 9392 (added by Stats. 1990, Ch. 140) as amended by Stats. 1992, Ch. 178.)
CA Prob Code § 9392 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 3 - Litigation Where No Claim Required|Section 9392.

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 filed, if all of the following conditions are satisfied:(1) The identity of the creditor was known to, or reasonably ascertainable by, a general personal representative within four months after the date letters were first issued to the personal representative, and the claim of the creditor was not merely conjectural.(2) Notice of administration of the estate was not given to the creditor under Chapter 2 (commencing with Section 9050) and neither the creditor nor the attorney representing the creditor in the matter has actual knowledge of the administration of the estate before the time the court made an order for final distribution of the property.(3) The statute of limitations applicable to the claim under Section 366.2 of the Code of Civil Procedure has not expired at the time of commencement of an action under this section.(b) Personal liability under this section is applicable only to the extent the claim of the creditor cannot be satisfied out of the estate of the decedent and is limited to a pro rata portion of the claim of the creditor, based on the proportion that the value of the property distributed to the person out of the estate bears to the total value of all property distributed to all persons out of the estate. Personal liability under this section for all claims of all creditors shall not exceed the value of the property distributed to the person out of the estate. As used in this section, the value of property is the fair market value of the property on the date of the order for distribution, less the amount of any liens and encumbrances on the property at that time.(c) Nothing in this section affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is personally liable under this section.(Amended (as added by Stats. 1990, Ch. 140) by Stats. 1992, Ch. 178, Sec. 36. Effective January 1, 1993.)
CA Prob Code § 9399 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 4 - Transitional Provision|Section 9399.

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 action commenced before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9600 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 1 - Duties and Liabilities of Personal Representative|Section 9600.

9600.  (a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes ordinary care and diligence is determined by all the circumstances of the particular estate.(b) The personal representative:(1) Shall exercise a power to the extent that ordinary care and diligence require that the power be exercised.(2) Shall not exercise a power to the extent that ordinary care and diligence require that the power not be exercised.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9601 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 1 - Duties and Liabilities of Personal Representative|Section 9601.

9601.  (a) If a personal representative breaches a fiduciary duty, the personal representative is chargeable with any of the following that is appropriate under the circumstances:(1) Any loss or depreciation in value of the decedent’s estate resulting from the breach of duty, with interest.(2) Any profit made by the personal representative through the breach of duty, with interest.(3) Any profit that would have accrued to the decedent’s estate if the loss of profit is the result of the breach of duty.(b) If the personal representative has acted reasonably and in good faith under the circumstances as known to the personal representative, the court, in its discretion, may excuse the personal representative in whole or in part from liability under subdivision (a) if it would be equitable to do so.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9602 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 1 - Duties and Liabilities of Personal Representative|Section 9602.

9602.  (a) If the personal representative is liable for interest pursuant to Section 9601, the personal representative is liable for the greater of the following amounts:(1) The amount of interest that accrues at the legal rate on judgments.(2) The amount of interest actually received.(b) If the personal representative has acted reasonably and in good faith under the circumstances as known to the personal representative, the court, in its discretion, may excuse the personal representative in whole or in part from liability under subdivision (a) if it would be equitable to do so.(Amended by Stats. 1998, Ch. 77, Sec. 4. Effective January 1, 1999.)
CA Prob Code § 9603 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 1 - Duties and Liabilities of Personal Representative|Section 9603.

9603.  The provisions of Sections 9601 and 9602 for liability of a personal representative for breach of a fiduciary duty do not prevent resort to any other remedy available against the personal representative under the statutory or common law.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9604 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 1 - Duties and Liabilities of Personal Representative|Section 9604.

9604.  No personal representative is chargeable upon a special promise to answer in damages for a liability of the decedent or to pay a debt of the decedent out of the personal representative’s own estate unless the agreement for that purpose, or some memorandum or note thereof, is in writing and is signed by one of the following:(a) The personal representative.(b) Some other person specifically authorized by the personal representative in writing to sign the agreement or the memorandum or note.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9605 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 1 - Duties and Liabilities of Personal Representative|Section 9605.

9605.  Appointment of a person as personal representative does not discharge any claim the decedent has against the person.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9606 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 1 - Duties and Liabilities of Personal Representative|Section 9606.

9606.  Unless otherwise provided in the instrument or in this division, a personal representative is not personally liable on an instrument, including but not limited to a note, mortgage, deed of trust, or other contract, properly entered into in the personal representative’s fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the personal representative’s representative capacity or identify the estate in the instrument.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9610 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 2 - Court Supervision|Section 9610.

9610.  Unless this part specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this part may be exercised by the personal representative without court authorization, instruction, approval, or confirmation. Nothing in this section precludes the personal representative from seeking court authorization, instructions, approval, or confirmation.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9611 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 2 - Court Supervision|Section 9611.

9611.  (a) In all cases where no other procedure is provided by statute, upon petition of the personal representative, the court may authorize and instruct the personal representative, or approve and confirm the acts of the personal representative, in the administration, management, investment, disposition, care, protection, operation, or preservation of the estate, or the incurring or payment of costs, fees, or expenses in connection therewith. Section 9613 does not preclude a petition for instructions under this section.(b) Notice of the hearing on the petition shall be given as provided in Section 1220.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9613 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 2 - Court Supervision|Section 9613.

9613.  (a) On petition of any interested person, and upon a showing that if the petition is not granted the estate will suffer great or irreparable injury, the court may direct the personal representative to act or not to act concerning the estate. The order may include terms and conditions the court determines are appropriate under the circumstances.(b) Notice of the hearing on the petition shall be given as provided in Section 1220.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9614 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 2 - Court Supervision|Section 9614.

9614.  (a) On petition of an interested person, the court may suspend the powers of the personal representative in whole or in part, for a time, as to specific property or circumstances or as to specific duties of the office, or may make any other order to secure proper performance of the duties of the personal representative, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner. Persons with whom the personal representative may transact business may be made parties.(b) The matter shall be set for hearing within 10 days unless the parties agree otherwise. Notice as the court directs shall be given to the personal representative and attorney of record, if any, and to any other parties named in the petition.(c) The court may, in its discretion, if it determines that the petition was brought unreasonably and for the purpose of hindering the personal representative in the performance of the duties of the office, assess attorney’s fees against the petitioner and make the assessment a charge against the interest of the petitioner.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9620 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 3 - Summary Determination of Disputes|Section 9620.

9620.  If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may do either of the following:(a) Enter into an agreement in writing with the third person to refer the dispute to a temporary judge designated in the agreement. The agreement shall be filed with the clerk, who shall thereupon, with the approval of the court, enter an order referring the matter to the designated person. The temporary judge shall proceed promptly to hear and determine the matter in controversy by summary procedure, without pleadings or discovery. The decision of the designated person is subject to Section 632 of the Code of Civil Procedure. Judgment shall be entered on the decision and shall be as valid and effective as if rendered by a judge of the court in an action against the personal representative or the third person commenced by ordinary process.(b) Enter into an agreement in writing with the third person that a judge, pursuant to the agreement and with the written consent of the judge, both filed with the clerk within the time specified in Section 9353 for bringing an independent suit on the matter in dispute, may hear and determine the dispute pursuant to the procedure provided in subdivision (a).(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9621 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 3 - Summary Determination of Disputes|Section 9621.

9621.  If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may enter into an agreement in writing with the third person to submit the dispute to arbitration under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. The agreement is not effective unless it is first approved by the court and a copy of the approved agreement is filed with the court. Notice of the hearing on the petition for approval of the agreement shall be given as provided in Section 1220. The order approving the agreement may be made ex parte.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9630 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 4 - Joint Personal Representatives|Section 9630.

9630.  (a) Subject to subdivisions (b), (c), and (d):(1) Where there are two personal representatives, both must concur to exercise a power.(2) Where there are more than two personal representatives, a majority must concur to exercise a power.(b) If one of the joint personal representatives dies or is removed or resigns, the powers and duties continue in the remaining joint personal representatives as if they were the only personal representatives until further appointment is made by the court.(c) Where joint personal representatives have been appointed and one or more are (1) absent from the state and unable to act, or (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint personal representatives to act as to all matters embraced within its order.(d) Where there are two or more personal representatives, any of them may:(1) Oppose a petition made by one or more of the other personal representatives or by any other person.(2) Petition the court for an order requiring the personal representatives to take a specific action for the benefit of the estate or directing the personal representatives not to take a specific action. If a procedure is provided by statute for a petition to authorize the specific action by the personal representatives, the petitioner shall file the petition under the provision relating to that procedure. Otherwise, the petitioner shall file the petition under Section 9611.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9631 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 4 - Joint Personal Representatives|Section 9631.

9631.  (a) Except as provided in subdivision (b), where there is more than one personal representative, one personal representative is not liable for a breach of fiduciary duty committed by another of the personal representatives.(b) Where there is more than one personal representative, one personal representative is liable for a breach of fiduciary duty committed by another of the personal representatives under any of the following circumstances:(1) Where the personal representative participates in a breach of fiduciary duty committed by the other personal representative.(2) Where the personal representative improperly delegates the administration of the estate to the other personal representative.(3) Where the personal representative approves, knowingly acquiesces in, or conceals a breach of fiduciary duty committed by the other personal representative.(4) Where the personal representative’s negligence enables the other personal representative to commit a breach of fiduciary duty.(5) Where the personal representative knows or has information from which the personal representative reasonably should have known of the breach of fiduciary duty by the other personal representative and fails to take reasonable steps to compel the other personal representative to redress the breach.(c) The liability of a personal representative for a breach of fiduciary duty committed by another of the personal representatives that occurred before July 1, 1988, is governed by prior law and not by this section.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9640 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 5 - Independent Administration|Section 9640.

9640.  Nothing in this part limits or restricts any authority granted to a personal representative under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)) to administer the estate under that part.(Enacted by Stats. 1990, Ch. 79.)