11460. As used in this chapter:
(a) A debt is "contingent" if it is established under Part 4
(commencing with Section 9000) in either a fixed or an uncertain
amount and will become absolute on occurrence of a stated event other
than the passage of time. The term includes a secured obligation for
which there may be recourse against property in the estate, other
than the property that is the security, if the security is
insufficient.
(b) A debt is "disputed" if it is a claim rejected in whole or in
part under Part 4 (commencing with Section 9000) and is not barred
under Section 9353 as to the part rejected.
(c) A debt is "not due" if it is established under Part 4
(commencing with Section 9000) and will become due on the passage of
time. The term includes a debt payable in installments.
11461. When all other debts have been paid and the estate is
otherwise in a condition to be closed, on petition by an interested
person, the court may make or modify an order or a combination of
orders under this chapter that the court in its discretion determines
is appropriate to provide adequately for a debt that is contingent,
disputed, or not due, if the debt becomes absolute, established, or
due. Notice of the hearing on the petition shall be given as provided
in Section 1220 to the creditor whose debt is contingent, disputed,
or not due, as well as to the persons provided in Section 11601.
11462. Notwithstanding any other provision of this chapter, if the
court determines that all interested persons agree to the manner of
providing for a debt that is contingent, disputed, or not due and
that the agreement reasonably protects all interested persons and
will not extend administration of the estate unreasonably, the court
shall approve the agreement.
11463. The court may order an amount deposited in a financial
institution, as provided in Chapter 3 (commencing with Section 9700)
of Part 5, that would be payable if a debt that is contingent,
disputed, or not due, were absolute, established, or due. The order
shall provide that the amount deposited is subject to withdrawal only
upon authorization of the court, to be paid to the creditor when the
debt becomes absolute, established, or due, or to be distributed in
the manner provided in Section 11642 if the debt does not become
absolute or established.
11464. (a) The court may order property in the estate distributed
to a person entitled to it under the final order for distribution, if
the person files with the court an assumption of liability for a
contingent or disputed debt as provided in subdivision (b). The court
may impose any other conditions the court in its discretion
determines are just, including that the distributee give a security
interest in all or part of the property distributed or that the
distributee give a bond in an amount determined by the court.
(b) As a condition for an order under subdivision (a), each
distributee shall file with the court a signed and acknowledged
agreement assuming personal liability for the contingent or disputed
debt and consenting to jurisdiction within this state for the
enforcement of the debt if it becomes absolute or established. The
personal liability of each distributee shall not exceed the fair
market value on the date of distribution of the property received by
the distributee, less the amount of liens and encumbrances. If there
is more than one distributee, the personal liability of the
distributees is joint and several.
(c) If the debt becomes absolute or established, it may be
enforced against each distributee in the same manner as it could have
been enforced against the decedent if the decedent had not died. In
an action based on the debt, the distributee may assert any defense,
cross-complaint, or setoff that would have been available to the
decedent if the decedent had not died.
(d) The statute of limitations applicable to a contingent debt is
tolled from the time the creditor's claim is filed until 30 days
after the order for distribution becomes final. The signing of an
agreement under subdivision (b) neither extends nor revives any
limitation period.
11465. (a) The court may order that a trustee be appointed to
receive payment for a debt that is contingent, disputed, or not due.
The court in determining the amount paid to the trustee shall compute
the present value of the debt, giving consideration to a reasonable
return on the amount to be invested. The trustee shall invest the
payment in investments that would be proper for a personal
representative or as authorized in the order.
(b) The trustee shall pay the debt as provided in the order. On
completion of payment, any excess in possession of the trustee shall
be distributed in the manner provided in Section 11642.
11466. The court may order property in the estate distributed to a
person entitled to it under the final order for distribution, if the
person gives a bond conditioned on payment by the person of the
amount of a contingent or disputed debt that becomes absolute or
established. The amount of the bond shall be determined by the court,
not to exceed the fair market value on the date of distribution of
the property received by the distributee, less the amount of liens
and encumbrances. In the case of a disputed debt or in the case of a
contingent debt where litigation is required to establish the
contingency, the cost of the bond is recoverable from the
unsuccessful party as a cost of litigation.
11467. The court may order that the administration of the estate
continue until the contingency, dispute, or passage of time of a debt
that is contingent, disputed, or not due is resolved.
11460. As used in this chapter:
(a) A debt is "contingent" if it is established under Part 4
(commencing with Section 9000) in either a fixed or an uncertain
amount and will become absolute on occurrence of a stated event other
than the passage of time. The term includes a secured obligation for
which there may be recourse against property in the estate, other
than the property that is the security, if the security is
insufficient.
(b) A debt is "disputed" if it is a claim rejected in whole or in
part under Part 4 (commencing with Section 9000) and is not barred
under Section 9353 as to the part rejected.
(c) A debt is "not due" if it is established under Part 4
(commencing with Section 9000) and will become due on the passage of
time. The term includes a debt payable in installments.
11461. When all other debts have been paid and the estate is
otherwise in a condition to be closed, on petition by an interested
person, the court may make or modify an order or a combination of
orders under this chapter that the court in its discretion determines
is appropriate to provide adequately for a debt that is contingent,
disputed, or not due, if the debt becomes absolute, established, or
due. Notice of the hearing on the petition shall be given as provided
in Section 1220 to the creditor whose debt is contingent, disputed,
or not due, as well as to the persons provided in Section 11601.
11462. Notwithstanding any other provision of this chapter, if the
court determines that all interested persons agree to the manner of
providing for a debt that is contingent, disputed, or not due and
that the agreement reasonably protects all interested persons and
will not extend administration of the estate unreasonably, the court
shall approve the agreement.
11463. The court may order an amount deposited in a financial
institution, as provided in Chapter 3 (commencing with Section 9700)
of Part 5, that would be payable if a debt that is contingent,
disputed, or not due, were absolute, established, or due. The order
shall provide that the amount deposited is subject to withdrawal only
upon authorization of the court, to be paid to the creditor when the
debt becomes absolute, established, or due, or to be distributed in
the manner provided in Section 11642 if the debt does not become
absolute or established.
11464. (a) The court may order property in the estate distributed
to a person entitled to it under the final order for distribution, if
the person files with the court an assumption of liability for a
contingent or disputed debt as provided in subdivision (b). The court
may impose any other conditions the court in its discretion
determines are just, including that the distributee give a security
interest in all or part of the property distributed or that the
distributee give a bond in an amount determined by the court.
(b) As a condition for an order under subdivision (a), each
distributee shall file with the court a signed and acknowledged
agreement assuming personal liability for the contingent or disputed
debt and consenting to jurisdiction within this state for the
enforcement of the debt if it becomes absolute or established. The
personal liability of each distributee shall not exceed the fair
market value on the date of distribution of the property received by
the distributee, less the amount of liens and encumbrances. If there
is more than one distributee, the personal liability of the
distributees is joint and several.
(c) If the debt becomes absolute or established, it may be
enforced against each distributee in the same manner as it could have
been enforced against the decedent if the decedent had not died. In
an action based on the debt, the distributee may assert any defense,
cross-complaint, or setoff that would have been available to the
decedent if the decedent had not died.
(d) The statute of limitations applicable to a contingent debt is
tolled from the time the creditor's claim is filed until 30 days
after the order for distribution becomes final. The signing of an
agreement under subdivision (b) neither extends nor revives any
limitation period.
11465. (a) The court may order that a trustee be appointed to
receive payment for a debt that is contingent, disputed, or not due.
The court in determining the amount paid to the trustee shall compute
the present value of the debt, giving consideration to a reasonable
return on the amount to be invested. The trustee shall invest the
payment in investments that would be proper for a personal
representative or as authorized in the order.
(b) The trustee shall pay the debt as provided in the order. On
completion of payment, any excess in possession of the trustee shall
be distributed in the manner provided in Section 11642.
11466. The court may order property in the estate distributed to a
person entitled to it under the final order for distribution, if the
person gives a bond conditioned on payment by the person of the
amount of a contingent or disputed debt that becomes absolute or
established. The amount of the bond shall be determined by the court,
not to exceed the fair market value on the date of distribution of
the property received by the distributee, less the amount of liens
and encumbrances. In the case of a disputed debt or in the case of a
contingent debt where litigation is required to establish the
contingency, the cost of the bond is recoverable from the
unsuccessful party as a cost of litigation.
11467. The court may order that the administration of the estate
continue until the contingency, dispute, or passage of time of a debt
that is contingent, disputed, or not due is resolved.
11460. As used in this chapter:
(a) A debt is "contingent" if it is established under Part 4
(commencing with Section 9000) in either a fixed or an uncertain
amount and will become absolute on occurrence of a stated event other
than the passage of time. The term includes a secured obligation for
which there may be recourse against property in the estate, other
than the property that is the security, if the security is
insufficient.
(b) A debt is "disputed" if it is a claim rejected in whole or in
part under Part 4 (commencing with Section 9000) and is not barred
under Section 9353 as to the part rejected.
(c) A debt is "not due" if it is established under Part 4
(commencing with Section 9000) and will become due on the passage of
time. The term includes a debt payable in installments.
11461. When all other debts have been paid and the estate is
otherwise in a condition to be closed, on petition by an interested
person, the court may make or modify an order or a combination of
orders under this chapter that the court in its discretion determines
is appropriate to provide adequately for a debt that is contingent,
disputed, or not due, if the debt becomes absolute, established, or
due. Notice of the hearing on the petition shall be given as provided
in Section 1220 to the creditor whose debt is contingent, disputed,
or not due, as well as to the persons provided in Section 11601.
11462. Notwithstanding any other provision of this chapter, if the
court determines that all interested persons agree to the manner of
providing for a debt that is contingent, disputed, or not due and
that the agreement reasonably protects all interested persons and
will not extend administration of the estate unreasonably, the court
shall approve the agreement.
11463. The court may order an amount deposited in a financial
institution, as provided in Chapter 3 (commencing with Section 9700)
of Part 5, that would be payable if a debt that is contingent,
disputed, or not due, were absolute, established, or due. The order
shall provide that the amount deposited is subject to withdrawal only
upon authorization of the court, to be paid to the creditor when the
debt becomes absolute, established, or due, or to be distributed in
the manner provided in Section 11642 if the debt does not become
absolute or established.
11464. (a) The court may order property in the estate distributed
to a person entitled to it under the final order for distribution, if
the person files with the court an assumption of liability for a
contingent or disputed debt as provided in subdivision (b). The court
may impose any other conditions the court in its discretion
determines are just, including that the distributee give a security
interest in all or part of the property distributed or that the
distributee give a bond in an amount determined by the court.
(b) As a condition for an order under subdivision (a), each
distributee shall file with the court a signed and acknowledged
agreement assuming personal liability for the contingent or disputed
debt and consenting to jurisdiction within this state for the
enforcement of the debt if it becomes absolute or established. The
personal liability of each distributee shall not exceed the fair
market value on the date of distribution of the property received by
the distributee, less the amount of liens and encumbrances. If there
is more than one distributee, the personal liability of the
distributees is joint and several.
(c) If the debt becomes absolute or established, it may be
enforced against each distributee in the same manner as it could have
been enforced against the decedent if the decedent had not died. In
an action based on the debt, the distributee may assert any defense,
cross-complaint, or setoff that would have been available to the
decedent if the decedent had not died.
(d) The statute of limitations applicable to a contingent debt is
tolled from the time the creditor's claim is filed until 30 days
after the order for distribution becomes final. The signing of an
agreement under subdivision (b) neither extends nor revives any
limitation period.
11465. (a) The court may order that a trustee be appointed to
receive payment for a debt that is contingent, disputed, or not due.
The court in determining the amount paid to the trustee shall compute
the present value of the debt, giving consideration to a reasonable
return on the amount to be invested. The trustee shall invest the
payment in investments that would be proper for a personal
representative or as authorized in the order.
(b) The trustee shall pay the debt as provided in the order. On
completion of payment, any excess in possession of the trustee shall
be distributed in the manner provided in Section 11642.
11466. The court may order property in the estate distributed to a
person entitled to it under the final order for distribution, if the
person gives a bond conditioned on payment by the person of the
amount of a contingent or disputed debt that becomes absolute or
established. The amount of the bond shall be determined by the court,
not to exceed the fair market value on the date of distribution of
the property received by the distributee, less the amount of liens
and encumbrances. In the case of a disputed debt or in the case of a
contingent debt where litigation is required to establish the
contingency, the cost of the bond is recoverable from the
unsuccessful party as a cost of litigation.
11467. The court may order that the administration of the estate
continue until the contingency, dispute, or passage of time of a debt
that is contingent, disputed, or not due is resolved.
