(

a) If the trustee believes that notice to a particular creditor is or may be required by this

chapter and gives notice based on that belief, the trustee is not liable to any person for giving the notice, whether or not required by this chapter. (

b) If the trustee fails to give notice required by this chapter, the trustee is not liable to any person for that failure, unless a creditor establishes all of the following:

(1) The failure was in bad faith.

(2) The creditor did not have actual knowledge of the proceedings under

Chapter 1 (commencing with

Section 19000) sooner than one year after publication of notice to creditors under

Section 19040, and payment would have been made on the creditor’s claim if the claim had been properly filed.

(3) Within months after the first publication of notice under

Section 19040, the creditor did both of the following: (

A) Filed a petition requesting that the court in which the proceedings under

Chapter 1 (commencing with

Section 19000) were initiated make an order determining the liability of the trustee under this subdivision. (

B) At least days before the hearing on the petition, caused notice of the hearing and a copy of the petition to be served on the trustee in the manner provided in

Chapter 4 (commencing with

Section 413.10) of Title of Part of the Code of Civil Procedure. (

c) Nothing in this

section affects the liability of the trust estate, if any, for the claim of a creditor, and the trustee is not liable to the extent the claim is paid out of the trust estate. (

d) Nothing in this

chapter imposes a duty on the trustee to make a search for creditors of the deceased settlor.