California Probate Code 9150 – (a) A claim may be filed by the creditor or a person acting on …
(a) A claim may be filed by the creditor or a person acting on behalf of the creditor.
(b) A claim shall be filed with the court and a copy shall be served on the personal representative, or on a person who is later appointed and qualified as personal representative.
Terms Used In California Probate Code 9150
- Claim: means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:
California Probate Code 9000
- Creditor: means a person who may have a claim against estate property. See California Probate Code 9000
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
(c) Service of the claim on the personal representative shall be made within the later of 30 days of the filing of the claim or four months after letters issue to a personal representative with general powers. Service shall not be required after the claim has been allowed or rejected.
(d) If the creditor does not file the claim with the court and serve the claim on the personal representative as provided in this section, the claim shall be invalid.
(Amended by Stats. 1996, Ch. 862, Sec. 24. Effective January 1, 1997.)