Time for Filing Claims

Cal. PROB § 19103

California Statutes

(

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 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 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 days prior to the time for filing a claim as provided in

Section 19100, and the petition is filed within 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.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 19103
Date2008-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB19103.200715919

Time for Filing Claims

Cal. PROB § 19103

California Statutes

Time for Filing Claims

Cal. PROB § 19103

California Statutes

(

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 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 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 days prior to the time for filing a claim as provided in

Section 19100, and the petition is filed within 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.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 19103
Date2008-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB19103.200715919
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