reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8902.

8902. Except as otherwise provided by statute:
(a) The personal representative shall deliver the inventory to the probate referee designated by the court, together with necessary supporting data to enable the probate referee to make an appraisal of the property in the inventory to be appraised by the probate referee.
(b) The probate referee shall appraise all property other than that appraised by the personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8903.

8903. (a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
(b) The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.
(c) The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 1220 to all of the following persons:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected by the waiver.
(3) Each known devisee whose interest in the estate would be affected by the waiver.
(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.
(5) The probate referee, if a probate referee has been designated.
(d) A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorney’s fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.
(e) If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.
(Amended by Stats. 2017, Ch. 319, Sec. 71. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8904.

8904. (a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise be appraised by the probate referee may, at the election of the personal representative, be appraised by an independent expert qualified to appraise the item.
(b) The personal representative shall make the election provided in subdivision (a) by a notation on the inventory delivered to the probate referee indicating the property to be appraised by an independent expert. The probate referee may, within five days after delivery of the inventory, petition for a court determination whether the property to be appraised by an independent expert is a unique, artistic, unusual, or special item of tangible personal property. If the petition fails and the court determines that the petition was made without substantial justification, the court shall award litigation expenses, including reasonable attorney’s fees, against the probate referee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8905.

8905. A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised by that person, and shall take and subscribe an oath that the person has truly, honestly, and impartially appraised the property to the best of the person’s ability.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8906.

8906. (a) At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal.
(b) The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.
(c) The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.
(d) The person objecting to the appraisal has the burden of proof.
(e) Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.
(Amended by Stats. 2017, Ch. 319, Sec. 72. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8907.

8907. Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason of appraising any property in the estate.
(Amended by Stats. 1991, Ch. 82, Sec. 24. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8908.

8908. A probate referee who appraises property in the estate shall, upon demand by the personal representative or by a beneficiary:
(a) Provide any appraisal report or backup data in the possession of the probate referee used by the referee to appraise an item of property. The probate referee shall not disclose any information that is required by law to be confidential. The probate referee shall provide the appraisal report or backup data without charge. The cost of providing the appraisal report or backup data shall not be allowed as an expense of appraisal but is included in the commission for services of the probate referee.
(b) Justify the appraisal of an item of property if the appraisal is contested, whether by objection pursuant to Section 8906, by tax audit, or otherwise. The probate referee may be entitled to an additional fee for services provided to justify the appraisal, to be agreed upon by the personal representative or beneficiary and referee. If the personal representative or beneficiary and the probate referee are unable to agree, the court shall determine what fee, if any, is appropriate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8909.

8909. A probate referee who appraises property in an estate shall retain possession of all appraisal reports and backup data used by the referee to appraise the property for a period of three years after the appraisal is filed. The probate referee shall, during the three-year period, offer the personal representative the reports and data used by the referee to appraise the property and deliver the reports and data to the personal representative on request. Any reports and data not requested by the personal representative may be destroyed at the end of the three-year period without further notice.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 2 - Designation and Removal of Probate Referee › Section 8920.

8920. The probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the county. If there is no person available who is able to act or if, pursuant to authority of Section 8922 or otherwise, the court does not designate a person appointed for the county, the court may designate a probate referee from another county.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 2 - Designation and Removal of Probate Referee › Section 8921.

8921. The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for the designation. The following circumstances are included within the meaning of good cause, as used in this section:
(a) The probate referee has recently appraised the same property that will be appraised in the administration proceeding.
(b) The probate referee will be making related appraisals in another proceeding.
(c) The probate referee has recently appraised similar property in another proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 2 - Designation and Removal of Probate Referee › Section 8922.

8922. The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a probate referee for the county.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 2 - Designation and Removal of Probate Referee › Section 8923.

8923. The court may not designate as probate referee any of the following persons:
(a) The court clerk.
(b) A partner or employee of the judge or commissioner who orders the designation.
(c) The spouse of the judge or commissioner who orders the designation.
(d) A person, or the spouse of a person, who is related within the third degree either (1) to the judge or commissioner who orders the designation or (2) to the spouse of the judge or commissioner who orders the designation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 2 - Designation and Removal of Probate Referee › Section 8924.

8924. (a) The court shall remove the designated probate referee in any of the following circumstances:
(1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
(2) The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.
(3) Any other cause provided by statute.
(b) Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.
(Amended by Stats. 2017, Ch. 319, Sec. 73. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 3 - Time for Probate Referee Appraisal › Section 8940.

8940. (a) The probate referee shall promptly and with reasonable diligence appraise the property scheduled for appraisal by the probate referee in the inventory that the personal representative delivers to the referee.
(b) The probate referee shall, not later than 60 days after delivery of the inventory, do one of the following:
(1) Return the completed appraisal to the personal representative.
(2) Make a report of the status of the appraisal. The report shall show the reason why the property has not been appraised and an estimate of the time needed to complete the appraisal. The report shall be delivered to the personal representative and filed with the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 3 - Time for Probate Referee Appraisal › Section 8941.

8941. (a) The court shall, on petition of the personal representative or probate referee, or may, on the court’s own motion, hear the report of the status of the appraisal. The court may issue a citation to compel the personal representative or the probate referee to attend the hearing.
(b) If the probate referee does not make the report of the status of the appraisal within the time required by this article or prescribed by the court, the court shall, on petition of the personal representative or may, on its own motion, cite the probate referee to appear before the court and show the reason why the property has not been appraised.
(c) Upon the hearing, the court may order any of the following:
(1) That the appraisal be completed within a time that appears reasonable.
(2) That the probate referee be removed. Upon removal of the probate referee the court shall designate another probate referee in the manner prescribed in Section 8920.
(3) That the commission of the probate referee be reduced by an amount the court deems appropriate, regardless of whether the commission otherwise allowable under the provisions of Sections 8960 to 8964 would be reasonable compensation for the services rendered.
(4) That the personal representative deliver to the probate referee all information necessary to allow the probate referee to complete the appraisal. Failure to comply with such an order is grounds for removal of the personal representative.
(5) Such other orders as may be appropriate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 4 - Commission and Expenses of Probate Referee › Section 8960.

8960. (a) The commission and expenses provided by this article as compensation for the services of the probate referee shall be paid from the estate.
(b) The probate referee may not withhold the appraisal until the commission and expenses are paid, but shall deliver the appraisal to the personal representative promptly upon completion.
(c) The commission and expenses of the probate referee are an expense of administration, entitled to the priority for payment provided by Section 11420, and shall be paid in the course of administration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 4 - Commission and Expenses of Probate Referee › Section 8961.

8961. As compensation for services the probate referee shall receive all of the following:
(a) A commission of one-tenth of one percent of the total value of the property for each estate appraised, subject to Section 8963. The commission shall be computed excluding property appraised by the personal representative pursuant to Section 8901 or by an independent expert pursuant to Section 8904.
(b) Actual and necessary expenses for each estate appraised. The referee shall file with, or list on, the inventory and appraisal a verified account of the referee’s expenses.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 4 - Commission and Expenses of Probate Referee › Section 8963.

8963. (a) Notwithstanding Section 8961 and subject to subdivision (b), the commission of the probate referee shall in no event be less than seventy-five dollars ($75) nor more than ten thousand dollars ($10,000) for any estate appraised.
(b) Upon application of the probate referee, the court may allow a commission in excess of ten thousand dollars ($10,000) if the court determines that the reasonable value of the referee’s services exceeds that amount. Notice of the hearing under this subdivision shall be given as provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected by the petition.
(3) Each known devisee whose interest in the estate would be affected by the petition.
(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(5) Each person who has requested special notice of petitions filed in the proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 4 - Commission and Expenses of Probate Referee › Section 8964.

8964. If more than one probate referee appraises or participates in the appraisal of property in the estate, each is entitled to the share of the commission agreed upon by the referees or, absent an agreement, that the court allows. In no case shall the total commission for all referees exceed the maximum commission that would be allowable for a single referee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 5 - Transitional Provision › Section 8980.

8980. If an inventory is delivered to a probate referee for appraisal before July 1, 1989, all matters relating to the appraisal by the referee, including the property to be included in the appraisal, waiver of the appraisal, and compensation of the referee, are governed by the applicable law in effect before July 1, 1989, and are not governed by this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 1 - General Provisions › Section 9000.

9000. As used in this division:
(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 decedent, whether arising in contract, tort, or otherwise.
(2) Liability for taxes incurred before the decedent’s death, whether assessed before or after the decedent’s death, other than property taxes and assessments secured by real property liens.
(3) Liability of the estate for funeral expenses of the decedent.
(b) “Claim” does not include a dispute regarding title of a decedent to specific property alleged to be included in the decedent’s estate.
(c) “Creditor” means a person who may have a claim against estate property.
(Amended by Stats. 2007, Ch. 159, Sec. 1. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 1 - General Provisions › Section 9001.

9001. (a) The publication of notice under Section 8120 and the giving of notice of administration of the estate of the decedent under Chapter 2 (commencing with Section 9050) constitute notice to creditors of the requirements of this part.
(b) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 5 (commencing with Section 9200).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 1 - General Provisions › Section 9002.

9002. Except as otherwise provided by statute:
(a) All claims 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 1 - General Provisions › Section 9003.

9003. A claim that is established under this part shall be included among the debts to be paid in the course of administration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 1 - General Provisions › Section 9004.

9004. (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988.
(b) The applicable law in effect before July 1, 1988, governing the subject matter of this part continues to apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988, notwithstanding its repeal by Chapter 923 of the Statutes of 1987.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 2 - Notice to Creditors › Section 9050.

9050. (a) Subject to Section 9054, the personal representative shall give notice of administration of the estate to the known or reasonably ascertainable creditors of the decedent. The notice shall be given as provided in Section 1215. For the purpose of this subdivision, a personal representative has knowledge of a creditor of the decedent if the personal representative is aware that the creditor has demanded payment from the decedent or the estate.
(b) The giving of notice under this chapter is in addition to the publication of the notice under Section 8120.
(Amended by Stats. 1996, Ch. 862, Sec. 18. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 2 - Notice to Creditors › Section 9051.

9051. The notice shall be given within the later of:
(a) Four months after the date letters are first issued.
(b) Thirty days after the personal representative first has knowledge of the creditor.
(Amended by Stats. 1996, Ch. 862, Sec. 19. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 2 - Notice to Creditors › Section 9052.

9052. The notice shall be in substantially the following form:
NOTICE OF ADMINISTRATION OF
ESTATE OF _______, DECEDENT
Notice to creditors:
Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. 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)
(Name and address of personal
representative or attorney)
(Amended by Stats. 2017, Ch. 319, Sec. 74. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 2 - Notice to Creditors › Section 9053.

9053. (a) If the personal representative believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the personal representative is not liable to any person for giving the notice, whether or not required by this chapter.
(b) If the personal representative fails to give notice required by this chapter, the personal representative is not liable to any person for the failure, unless a creditor establishes all of the following:
(1) The failure was in bad faith.
(2) The creditor had no actual knowledge of the administration of the estate before expiration of the time for filing a claim, and payment would have been made on the creditor’s claim in the course of administration if the claim had been properly filed.
(3) Within 16 months after letters were first issued to a general personal representative, the creditor did both of the following:
(A) Filed a petition requesting that the court in which the estate was administered make an order determining the liability of the personal representative 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 personal representative 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 estate, if any, for the claim of a creditor, and the personal representative is not liable for the claim to the extent it is paid out of the estate or could be paid out of the estate pursuant to Section 9103.
(d) A personal representative has a duty to make reasonably diligent efforts to identify reasonably ascertainable creditors of the decedent.
(Amended by Stats. 1999, Ch. 263, Sec. 4. Effective January 1, 2000.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 2 - Notice to Creditors › Section 9054.

9054. Notwithstanding Section 9050, the personal representative need not give notice to a creditor even though the personal representative has knowledge of the creditor if any 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 personal representative elects to treat the demand as a claim under Section 9154.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 3 - Time for Filing Claims › Section 9100.

9100. (a) A creditor shall file a claim before expiration of the later of the following times:
(1) Four months after the date letters are first issued to a general personal representative.
(2) Sixty days after the date notice of administration is mailed or personally delivered to the creditor. Nothing in this paragraph extends 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) Nothing in this section shall be interpreted to extend or toll any other statute of limitations or to revive a claim that is barred by any statute of limitations. The reference in this subdivision to a “statute of limitations” includes Section 366.2 of the Code of Civil Procedure.
(Amended by Stats. 2007, Ch. 159, Sec. 2. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 3 - Time for Filing Claims › Section 9101.

9101. A vacancy in the office of the personal representative that occurs before expiration of the time for filing a claim does not extend the time.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 3 - Time for Filing Claims › Section 9102.

9102. A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the personal representative or by the court after expiration of the time for filing claims.
(Amended by Stats. 2007, Ch. 159, Sec. 3. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 3 - Time for Filing Claims › Section 9103.

9103. (a) Upon petition by a creditor or the personal representative, the court may allow a claim to be filed after expiration of the time for filing a claim provided in Section 9100 if either of the following conditions is satisfied:
(1) The personal representative failed to send proper and timely notice of administration of the estate to the creditor, and that petition is filed within 60 days after the creditor has actual knowledge of the administration of the estate.
(2) The creditor had no knowledge of the facts reasonably giving rise to the existence of the claim more than 30 days prior to the time for filing a claim as provided in Section 9100, 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 estate.
(b) Notwithstanding subdivision (a), the court shall not allow a claim to be filed under this section after the court makes an order for final distribution of the estate.
(c) The court may condition the claim on terms that are just and equitable, and may require the appointment or reappointment of a personal representative if necessary. The court may deny the creditor’s petition if a payment to general creditors has been made and it appears that the filing or establishment of the claim would cause or tend to cause unequal treatment among creditors.
(d) Regardless of whether the claim is later established in whole or in part, payments otherwise properly made before a claim is filed under this section are not subject to the claim. Except to the extent provided in Section 9392 and subject to Section 9053, the personal representative or payee is not liable on account of the prior payment. Nothing in this subdivision limits the liability of a person who receives a preliminary distribution of property to restore to the estate an amount sufficient for payment of the distributee’s proper share of the claim, not exceeding the amount distributed.
(e) Notice of hearing on the petition shall be given as provided in Section 1220.
(f) Nothing in this section 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. 4. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 3 - Time for Filing Claims › Section 9104.

9104. (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.
(c) An amendment or revision may not be made for any purpose after the earlier of the following times:
(1) The time the court makes an order for final distribution of the estate.
(2) One year after letters are first issued to a general personal representative. This paragraph does not extend the time provided by Section 366.2 of the Code of Civil Procedure or authorize allowance or approval of a claim barred by that section.
(Amended by Stats. 2007, Ch. 159, Sec. 5. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 4 - Filing of Claims › Section 9150.

9150. (a) A claim may be filed by the creditor or a person acting on behalf of the creditor.
(b) A claim shall be filed with the court and a copy shall be served on the personal representative, or on a person who is later appointed and qualified as personal representative.
(c) Service of the claim on the personal representative shall be made within the later of 30 days of the filing of the claim or four months after letters issue to a personal representative with general powers. Service shall not be required after the claim has been allowed or rejected.
(d) If the creditor does not file the claim with the court and serve the claim on the personal representative as provided in this section, the claim shall be invalid.
(Amended by Stats. 1996, Ch. 862, Sec. 24. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 4 - Filing of Claims › Section 9151.

9151. (a) A claim shall be supported by the affidavit of the creditor or the person acting on behalf of the creditor 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 personal representative 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 4 - Filing of Claims › Section 9152.

9152. (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 personal representative or court or judge 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 4 - Filing of Claims › Section 9153.

9153. A 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 personal representative. The claim form shall include a proof of delivery of a copy of the claim to the personal representative, which may be completed by the creditor.
(Amended by Stats. 2017, Ch. 319, Sec. 75. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 4 - Filing of Claims › Section 9154.

9154. (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within four months after the date letters are first issued to a general personal representative, the personal representative 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 before the expiration of 30 days after the four-month period if all of the following conditions are satisfied:
(1) The debt was justly due.
(2) The debt was paid in good faith.
(3) The amount paid was the true amount of the indebtedness over and above all payments and offsets.
(4) The estate is solvent.
(b) Nothing in this section limits application of (1) the doctrines of waiver, estoppel, laches, or detrimental reliance or (2) any other equitable principle.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 5 - Claims by Public Entities › Section 9200.

9200. (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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 5 - Claims by Public Entities › Section 9201.

9201. (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 Code
Applicable Section
Sales and Use Tax Law (com-
mencing with Section 6001 of
the Revenue and Taxation
Code)
Section 6487.1 of the Revenue
and Taxation Code
Bradley-Burns Uniform Local
Sales and Use Tax Law (com-
mencing with Section 7200 of
the Revenue and Taxation
Code)
Section 6487.1 of the Revenue
and Taxation Code
Transactions and Use Tax Law
(commencing with Section 7251
of the Revenue and Taxation
Code)
Section 6487.1 of the Revenue
and Taxation Code
Motor Vehicle Fuel License Tax Law
(commencing with Section
7301 of the Revenue and Taxa-
tion Code)
Section 7675.1 of the Revenue
and Taxation Code
Use Fuel Tax Law (commencing
with Section 8601 of the Reve-
nue and Taxation Code)
Section 8782.1 of the Revenue and Taxation Code
Administration of Franchise and
Income Tax Law (commencing
with Section 18401 of the Reve-
nue and Taxation Code)
Section 19517 of the Revenue
and Taxation Code
Cigarette Tax Law (commenc-
ing with Section 30001 of the
Revenue and Taxation Code)
Section 30207.1 of the Reve-
nue and Taxation Code
Alcoholic Beverage Tax Law
(commencing with Section
32001 of the Revenue and Taxa-
tion Code)
Section 32272.1 of the Reve-
nue and Taxation Code
Unemployment Insurance Code
Section 1090 of the Unemploy-
ment Insurance Code
State Hospitals
(commencing with
Section 7200 of the Welfare and
Institutions Code)
Section 7277.1 of the Welfare
and Institutions Code
Medi-Cal Act (commencing
with Section 14000 of the Wel-
fare and Institutions Code)
Section 9202 of the Probate
Code
Waxman-Duffy Prepaid Health
Plan Act (commencing with Sec-
tion 14200 of the Welfare and
Institutions Code)
Section 9202 of the Probate
Code
(Amended by Stats. 2014, Ch. 144, Sec. 49. (AB 1847) Effective January 1, 2015.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 5 - Claims by Public Entities › Section 9202.

9202. (a) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Director of Health Care Services notice of the decedent’s death in the manner provided in Section 215 if the general personal representative knows or has reason to believe that the decedent 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 director has four months after notice is given in which to file a claim.
(b) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Director of the California Victim Compensation Board notice of the decedent’s death in the manner provided in Section 216 if the general personal representative or estate attorney knows that an heir or beneficiary is or has previously been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation or confined in any county or city jail, road camp, industrial farm, or other local correctional facility. The director of the board shall have four months after that notice is received in which to pursue collection of any outstanding restitution fines or orders.
(c) (1) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Franchise Tax Board notice of the administration of the estate. The notice shall be given as provided in Section 1215.
(2) The provisions of this subdivision shall apply to estates for which letters are first issued on or after July 1, 2008.
(d) Nothing in this section shall be interpreted as requiring the estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent to conduct an additional investigation to determine whether a decedent has an heir or beneficiary who has been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation, or its Division of Juvenile Facilities, or confined in any county or city jail, road camp, industrial farm, or other local correctional facility.
(Amended by Stats. 2016, Ch. 31, Sec. 261. (SB 836) Effective June 27, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 5 - Claims by Public Entities › Section 9203.

9203. (a) Failure of a person to give the written notice or request required by this chapter does not affect the validity of any proceeding under this code concerning the administration of the decedent’s estate.
(b) If property in the estate 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, 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. 1999, Ch. 987, Sec. 3. Effective October 10, 1999.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 5 - Claims by Public Entities › Section 9204.

9204. Nothing in this chapter shall be construed to affect the order of priority of claims provided for under other provisions of law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 5 - Claims by Public Entities › Section 9205.

9205. 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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 6 - Allowance and Rejection of Claims › Section 9250.

9250. (a) When a claim is filed, the personal representative shall allow or reject the claim in whole or in part.
(b) The allowance or rejection shall be in writing. The personal representative shall file the allowance or rejection with the court clerk and give notice to the creditor as provided in Part 2 (commencing with Section 1200) of Division 3, together with a copy of the allowance or rejection.
(c) The allowance or rejection shall contain the following information:
(1) The name of the creditor.
(2) The total amount of the claim.
(3) The date of issuance of letters.
(4) The date of the decedent’s death.
(5) The estimated value of the decedent’s estate.
(6) The amount allowed or rejected by the personal representative.
(7) Whether the personal representative is authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)).
(8) A statement that the creditor has 90 days in which to act on a rejected claim.
(d) The Judicial Council may 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 of this section.
(e) This section does not apply to a demand the personal representative elects to treat as a claim under Section 9154.
(Amended by Stats. 2007, Ch. 159, Sec. 6. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 6 - Allowance and Rejection of Claims › Section 9251.

9251. If the personal representative is not authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)):
(a) Immediately on the filing of the allowance of a claim, the clerk shall present the claim and allowance to the court or judge for approval or rejection.
(b) On presentation of a claim and allowance, the court or judge may, in its discretion, examine the creditor and others on oath and receive any evidence relevant to the validity of the claim. The court or judge shall endorse on the claim whether the claim is approved or rejected and the date.
(Enacted by Stats. 1990, Ch. 79.)