State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 9390-9392

PROBATE CODE
SECTION 9390-9392



9390.  (a) An action to establish the decedent's liability for which
the decedent was protected by insurance may be commenced or
continued under Section 550, and a judgment in the action may be
enforced against the insurer, without first filing a claim as
provided in this part.
   (b) Unless a claim is first made as provided in this part, an
action to establish the decedent's liability for damages outside the
limits or coverage of the insurance may not be commenced or continued
under Section 550.
   (c) If the insurer seeks reimbursement under the insurance
contract for any liability of the decedent, including, but not
limited to, deductible amounts in the insurance coverage and costs
and attorney's fees for which the decedent is liable under the
contract, an insurer defending an action under Section 550 shall file
a claim as provided in this part. Failure to file a claim is a
waiver of reimbursement under the insurance contract for any
liability of the decedent.



9391.  Except as provided in Section 10361, the holder of a mortgage
or other lien on property in the decedent's estate, including, but
not limited to, a judgment lien, may commence an action to enforce
the lien against the property that is subject to the lien, without
first filing a claim as provided in this part, if in the complaint
the holder of the lien expressly waives all recourse against other
property in the estate. Section 366.2 of the Code of Civil Procedure
does not apply to an action under this section. The personal
representative shall have the authority to seek to enjoin any action
of the lienholder to enforce a lien against property that is subject
to the lien.


9392.  (a) Subject to subdivision (b), a person to whom property is
distributed is personally liable for the claim of a creditor, without
a claim first having been filed, if all of the following conditions
are satisfied:
   (1) The identity of the creditor was known to, or reasonably
ascertainable by, a general personal representative within four
months after the date letters were first issued to the personal
representative, and the claim of the creditor was not merely
conjectural.
   (2) Notice of administration of the estate was not given to the
creditor under Chapter 2 (commencing with Section 9050) and neither
the creditor nor the attorney representing the creditor in the matter
had actual knowledge of the administration of the estate before the
time the court made an order for final distribution of the property.
   (3) The statute of limitations applicable to the claim under
Section 353 of the Code of Civil Procedure has not expired at the
time of commencement of an action under this section.
   (b) Personal liability under this section is applicable only to
the extent the claim of the creditor cannot be satisfied out of the
decedent and is limited to the extent of the fair market value of the
property on the date of the order for distribution, less the amount
of any liens and encumbrances on the property at that time. Personal
liability under this section is joint and several, based on the
principles stated in Part 4 (commencing with Section 21400) of
Division 11 (abatement).
   (c) Nothing in this section affects the rights of a purchaser or
encumbrancer of property in good faith and for value from a person
who is personally liable under this section.



9392.  (a) Subject to subdivision (b), a person to whom property is
distributed is personally liable for the claim of a creditor, without
a claim first having been filed, if all of the following conditions
are satisfied:
   (1) The identity of the creditor was known to, or reasonably
ascertainable by, a general personal representative within four
months after the date letters were first issued to the personal
representative, and the claim of the creditor was not merely
conjectural.
   (2) Notice of administration of the estate was not given to the
creditor under Chapter 2 (commencing with Section 9050) and neither
the creditor nor the attorney representing the creditor in the matter
has actual knowledge of the administration of the estate before the
time the court made an order for final distribution of the property.
   (3) The statute of limitations applicable to the claim under
Section 366.2 of the Code of Civil Procedure has not expired at the
time of commencement of an action under this section.
   (b) Personal liability under this section is applicable only to
the extent the claim of the creditor cannot be satisfied out of the
estate of the decedent and is limited to a pro rata portion of the
claim of the creditor, based on the proportion that the value of the
property distributed to the person out of the estate bears to the
total value of all property distributed to all persons out of the
estate. Personal liability under this section for all claims of all
creditors shall not exceed the value of the property distributed to
the person out of the estate. As used in this section, the value of
property is the fair market value of the property on the date of the
order for distribution, less the amount of any liens and encumbrances
on the property at that time.
   (c) Nothing in this section affects the rights of a purchaser or
encumbrancer of property in good faith and for value from a person
who is personally liable under this section.