State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 19200-19205

PROBATE CODE
SECTION 19200-19205



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.




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          Section 6487.1 of
  (Part 1 (commencing            the Revenue and
  with Section 6001) of          Taxation Code
  Division 2 of the
  Revenue and Taxation
  Code)
  Bradley-Burns Uniform          Section 6487.1 of
  Local Sales and Use Tax        the Revenue and
  Law (Part 1.5                  Taxation Code
  (commencing with
  Section 7200) of
  Division 2 of the
  Revenue and Taxation
  Code)
  Transactions and Use           Section 6487.1 of
  Tax Law (Part 1.6              the Revenue and
  (commencing with               Taxation Code
  Section 7251) of
  Division 2 of the
  Revenue and Taxation
  Code)
  Motor Vehicle Fuel             Section 7675.1 of
  License Tax Law (Part 2        the Revenue and
  (commencing with               Taxation Code
  Section 7301) of
  Division 2 of the
  Revenue and Taxation
  Code)
  Use Fuel Tax Law (Part         Section 8782.1 of
  3 (commencing with             the Revenue and
  Section 8601) of               Taxation Code
  Division 2 of the
  Revenue and Taxation
  Code)
  Administration of              Section 19517 of
  Franchise and Income           the Revenue and
  Tax Laws (Part 10.2            Taxation Code
  (commencing with
  Section 18401) of
  Division 2 of the
  Revenue and Taxation
  Code)
  Cigarette Tax Law (Part        Section 30207.1 of
  13 (commencing with            the Revenue and
  Section 30001) of              Taxation Code
  Division 2 of the
  Revenue and Taxation
  Code)
  Alcoholic Beverage Tax         Section 32272.1 of
  Law (Part 14                   the Revenue and
  (commencing with               Taxation Code
  Section 32001) of
  Division 2 of the
  Revenue and Taxation
  Code)
  Unemployment Insurance         Section 1090 of
  Code                           the Unemployment
                                 Insurance Code
  State Hospitals for the        Section 7277.1 of
  Mentally Disordered            the Welfare and
  (Chapter 2 (commencing         Institutions Code
  with Section 7200) of
  Division 7 of the
  Welfare and
  Institutions Code)
  Medi-Cal Act (Chapter 7        Section 9202 of
  (commencing with               the Probate Code
  Section 14000) of Part
  3 of Division 9 of the
  Welfare and
  Institutions Code)
  Waxman-Duffy Prepaid           Section 9202 of
  Health Plan Act                the Probate Code
  (Chapter 8 (commencing
  with Section 14200) of
  Part 3 of Division 9 of
  the Welfare and
  Institutions Code)



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.



19203.  If property in the trust 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, as set forth in Section 19402, 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.




19204.  Nothing in this chapter shall be construed to affect the
order of priority of debts provided for under other provisions of
law.


19205.  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.