State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 9250-9256

PROBATE CODE
SECTION 9250-9256



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.



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.



9252.  (a) If the personal representative or the attorney for the
personal representative is a creditor of the decedent, the clerk
shall present the claim to the court or judge for approval or
rejection. The court or judge may in its discretion require the
creditor to file a petition and give notice of hearing.
   (b) If the court or judge approves the claim, the claim is
established and shall be included with other established claims to be
paid in the course of administration.
   (c) If the court or judge rejects the claim, the personal
representative or attorney may bring an action against the estate.
Summons shall be served on the judge, who shall appoint an attorney
at the expense of the estate to defend the action.




9253.  A claim barred by the statute of limitations may not be
allowed by the personal representative or approved by the court or
judge.


9254.  (a) The validity of an allowed or approved claim may be
contested by any interested person at any time before settlement of
the report or account of the personal representative in which it is
first reported as an allowed or approved claim. The burden of proof
is on the contestant, except where the personal representative has
acted under the Independent Administration of Estates Act (Part 6
(commencing Section 10400)), in which case the burden of proof is on
the personal representative.
   (b) Subdivision (a) does not apply to a claim established by a
judgment.



9255.  (a) The personal representative may allow a claim, or the
court or judge may approve a claim, in part. The allowance or
approval shall state the amount for which the claim is allowed or
approved.
   (b) A creditor who refuses to accept the amount allowed or
approved in satisfaction of the claim may bring an action on the
claim in the manner provided in Chapter 8 (commencing with Section
9350). The creditor may not recover costs in the action unless the
creditor recovers an amount greater than that allowed or approved.



9256.  If within 30 days after a claim is filed the personal
representative or the court or judge has refused or neglected to act
on the claim, the refusal or neglect may, at the option of the
creditor, be deemed equivalent to giving a notice of rejection on the
30th day.