reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 18506.

18506. (a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.
(b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor’s probable intention.
(c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard.
(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General and to the donor at the donor’s last known address in the records of the institution, may release or modify the restriction, in whole or part, if all of the following apply:
(1) The institutional fund subject to the restriction has a total value of less than one hundred thousand dollars ($100,000).
(2) More than 20 years have elapsed since the fund was established.
(3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument. An institution that releases or modifies a restriction under this subdivision may, if appropriate circumstances arise thereafter, use the property in accordance with the restriction notwithstanding its release or modification, and that use is deemed to satisfy the consistency requirement of this paragraph.
(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 18507.

18507. Compliance with this part is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.
(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 18508.

18508. This part applies to institutional funds existing on or established after January 1, 2009. As applied to institutional funds existing on January 1, 2009, this part governs only decisions made or actions taken on or after that date.
(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 18509.

18509. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101 of that act (15 U.S.C. Sec. 7001(a)), or authorize electronic delivery of any of the notices described in Section 103 of that act (15 U.S.C. Sec. 7003(b)).
(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 18510.

18510. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19000.

19000. As used in this part:
(a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:
(1) Liability of the deceased settlor, whether arising in contract, tort, or otherwise.
(2) Liability for taxes incurred before the deceased settlor’s death, whether assessed before or after the deceased settlor’s death, other than property taxes and assessments secured by real property liens.
(3) Liability for the funeral expenses of the deceased settlor.
(b) “Claim” does not include a dispute regarding title to specific property alleged to be included in the trust estate.
(c) “Creditor” means a person who may have a claim against the trust property.
(d) “Trust” means a trust described in Section 18200, or, if a portion of a trust, that portion that remained subject to the power of revocation at the deceased settlor’s death.
(e) “Deceased settlor” means a deceased person who, at the time of his or her death, held the power to revoke the trust in whole or in part.
(f) “Debts” means all claims, as defined in subdivision (a), all expenses of administration, and all other proper charges against the trust estate, including taxes.
(g) “Probate estate” means a decedent’s estate subject to administration pursuant to Division 7 (commencing with Section 7000).
(h) “Trust estate” means a decedent’s property, real and personal, that is titled in the name of the trustee of the deceased settlor’s trust or confirmed by order of the court to the trustee of the deceased settlor’s trust.
(Amended by Stats. 2015, Ch. 48, Sec. 1. (SB 785) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19001.

19001. (a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor’s probate estate is inadequate to satisfy those claims and expenses.
(b) The deceased settlor, by appropriate direction in the trust instrument, may direct the priority of sources of payment of debts among subtrusts or other gifts established by the trust at the deceased settlor’s death. Notwithstanding this subdivision, no direction by the settlor shall alter the priority of payment, from whatever source, of the matters set forth in Section 11420 which shall be applied to the trust as it applies to a probate estate.
(Amended by Stats. 2015, Ch. 48, Sec. 2. (SB 785) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19002.

19002. (a) Except as expressly provided, this part shall not be construed to affect the right of any creditor to recover from any revocable trust established by the deceased settlor.
(b) Nothing in this part shall be construed as a construction or alteration of any claims procedure set forth under Part 4 (commencing with Section 9000) of Division 7.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19003.

19003. (a) At any time following the death of the settlor, and during the time that there has been no filing of a petition to administer the probate estate of the deceased settlor in this state of which the trustee has actual knowledge, the trustee may file with the court a proposed notice to creditors. Upon the court’s assignment of a proceeding number to the proposed notice, the trustee shall publish and serve notice to creditors of the deceased settlor in the form and within the time prescribed in Chapters 3 (commencing with Section 19040) and 4 (commencing with Section 19050). That action shall constitute notice to creditors of the requirements of this part.
(b) The filing shall be made with the superior court for the county in this state where the deceased settlor resided at the time of death, or if none, in any county in this state in which trust property was located at the time of the settlor’s death, or if none, in the county in this state that was the principal place of administration of the trust at the time of the settlor’s death.
(c) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 7 (commencing with Section 19200).
(Amended by Stats. 2015, Ch. 48, Sec. 3. (SB 785) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19004.

19004. If the trustee files, publishes, and serves notice as set forth in Section 19003, then:
(a) All claims against the trust shall be filed in the manner and within the time provided in this part.
(b) A claim that is not filed as provided in this part is barred from collection from trust assets.
(c) The holder of a claim may not maintain an action on the claim against the trust unless the claim is first filed as provided in this part.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19005.

19005. The trustee may at any time pay, reject, or contest any claim against the deceased settlor or settle any claim by compromise, arbitration, or otherwise. The trustee may also file a petition in the manner set forth in Chapter 2 (commencing with Section 19020) to settle any claim.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19006.

19006. (a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice as provided in Section 19003 the protection from creditors afforded that trustee and trust shall also be afforded to any other trusts established by the deceased settlor and the trustees and beneficiaries of those trusts.
(b) If the personal representative of the deceased settlor’s probate estate has published notice under Section 8120 and given notice of administration of the probate estate of the deceased settlor under Chapter 2 (commencing with Section 9050) of Part 4 of Division 7, the protection from creditors afforded the personal representative of the deceased settlor’s probate estate shall be afforded to the trustee and to the beneficiaries of the trust.
(c) In the event that, following the filing and publication of the notice set forth in Section 19003, there shall be commenced any proceeding under which a notice pursuant to Section 8120 is required to be published, then the trustee shall have a right of collection against that probate estate to recover the amount of any debts paid from trust assets that would otherwise have been satisfied (whether by law or by direction in the deceased settlor’s will or trust) by the property subject to probate proceedings.
(Amended by Stats. 2015, Ch. 48, Sec. 4. (SB 785) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19007.

19007. Nothing in this part shall determine the liability of any trust established by the deceased settlor as against any other trust established by that settlor, except to the extent that the trustee of the other trust shall file, publish, and serve the notice specified in Section 19003 and thereafter seek a determination of relative liability pursuant to Chapter 2 (commencing with Section 19020).
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19008.

19008. If there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then the liability of the trust to any creditor of the deceased settlor shall be as otherwise provided by law.
(Amended by Stats. 2015, Ch. 48, Sec. 5. (SB 785) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19009.

19009. Nothing in this part shall be construed to permit or require disclosure of the existence of the trust or the contents of any of its provisions to any creditor or beneficiary except as that creditor or beneficiary may otherwise be entitled to that information.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19010.

19010. Nothing in this part imposes any duty on the trustee to initiate the notice proceeding set forth in Section 19003, and the trustee is not liable for failure to initiate the proceeding under this part.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19011.

19011. (a) The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part. The allowance or rejection form may be part of the claim form.
(b) Any claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the trustee. The claim form shall include a proof of delivery of a copy of the claim to the trustee, which may be completed by the claimant.
(Amended by Stats. 2017, Ch. 319, Sec. 99. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 1 - General Provisions › Section 19012.

19012. (a) This part applies to claims against any deceased settlor who dies on or after January 1, 1992.
(b) The applicable law in effect before January 1, 1992, continues to apply to claims against any deceased settlor who dies before January 1, 1992.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19020.

19020. At any time after the filing and first publication of notice pursuant to Chapter 3 (commencing with Section 19040), and after expiration of the time to file claims provided in that chapter, a trustee or beneficiary may petition the court under this chapter to approve either of the following:
(a) Allowance, compromise, or settlement of any claims that have not been rejected by the trustee under the procedure provided in this part and for which trust property may be liable.
(b) An allocation of any amounts due by reason of an action described in subdivision (a) to two or more trusts which may be liable for the claims.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19021.

19021. The petition shall be filed in that county as may be determined pursuant to Section 19003. In the event this action seeks approval of allocation to two or more trusts for which the notice proceeding in Section 19003 would prescribe superior courts for more than one county, the court located in the county so prescribed for the trustee initiating the proceeding under this chapter shall have jurisdiction.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19022.

19022. (a) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the grounds of the petition.
(b) The petition shall set forth a description of the trust and the names of creditors with respect to which action is requested and a description of each claim, together with the requested determination by the court with respect to the claims, provided, however, that this section does not require the filing of a copy of the trust or disclosure of the beneficial interests of the trust. That petition shall also set forth the beneficiaries of the trust, those claimants whose interest in the trust may be affected by the petition, and the trustees of any other trust to which an allocation of liability may be approved by the court pursuant to the petition.
(c) The clerk shall set the matter for hearing.
(Amended by Stats. 2007, Ch. 159, Sec. 10. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19023.

19023. At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on each of the creditors whose interests in the estate may be affected by the petition in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(Amended by Stats. 2007, Ch. 159, Sec. 11. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19024.

19024. At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who is not a petitioner:
(a) All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(b) All beneficiaries affected.
(c) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee.
(d) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
(Amended by Stats. 2017, Ch. 319, Sec. 100. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19025.

19025. (a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, then the case is at issue, notwithstanding the failure. The case may proceed on the petition and written statements filed by the time of the hearing, and no further pleadings by other persons are necessary. The creditor, beneficiary, or trustee who failed timely to file a written pleading upon notice may not participate further in the proceeding for the determination requested, and that creditor, beneficiary, or trustee shall be bound by the decision in the proceeding.
(b) The court’s order, when final, shall be conclusive as to the liability of the trust property with respect to the claims at issue in the petition. In the event of a subsequent administration of the probate estate of the deceased settlor, that order shall be binding on the personal representative of the probate estate of the deceased settlor as well as all creditors and beneficiaries who had notice of the petition.
(Amended by Stats. 2015, Ch. 48, Sec. 7. (SB 785) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19026.

19026. The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or any beneficiary of the trust.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19027.

19027. (a) The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition.
(b) If the court determines that the assets of the trust estate are insufficient to pay all debts, then the court shall order payment in the manner specified by Section 11420.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19029.

19029. The court may, on its own motion or on request of a trustee or other person interested in the trust, appoint a guardian ad litem in accordance with Section 1003.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 2 - Petition for Approval and Settlement of Claims Against Deceased Settlor › Section 19030.

19030. In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
(Added by Stats. 1991, Ch. 992, Sec. 3.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR › CHAPTER 3 - Publication of Notice › Section 19040.

19040. (a) Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlor’s death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlor’s death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, “city” means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.
(b) The caption of the notice, the deceased settlor’s name, and the name of the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows:
NOTICE TO CREDITORS
OF _____________
# ____________
SUPERIOR COURT OF 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. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.
(name and address of trustee or attorney)
(c) An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication.
(Amended by Stats. 2017, Ch. 319, Sec. 101. (AB 976) Effective January 1, 2018.)
2023 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.)
2023 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.)
2023 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.)
2023 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 CREDITORS
OF _____________
# ____________
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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 Code
Applicable Section
Sales and Use Tax Law (commencing 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 (commencing 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 Taxation Code)
Section 7675.1 of the Revenue and Taxation Code
Use Fuel Tax Law (commencing with Section 8601 of the Revenue 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 Revenue and Taxation Code)
Section 19517 of the Revenue and Taxation Code
Cigarette Tax Law (commencing with Section 30001 of the Revenue and Taxation Code)
Section 30207.1 of the Revenue and Taxation Code
Alcoholic Beverage Tax Law (commencing with Section 32001 of the Revenue and Taxation Code)
Section 32272.1 of the Revenue and Taxation Code
Unemployment Insurance Code
Section 1090 of the Unemployment 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 Welfare and Institutions Code)
Section 9202 of the Probate Code
Waxman-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.)
2023 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.)