State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 19100-19104

PROBATE CODE
SECTION 19100-19104



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.



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.



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.



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.



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.