California Probate Code 9151 – (a) A claim shall be supported by the affidavit of the creditor …
(a) A claim shall be supported by the affidavit of the creditor or the person acting on behalf of the creditor stating:
(1) The claim is a just claim.
Terms Used In California Probate Code 9151
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
(2) If the claim is due, the facts supporting the claim, the amount of the claim, and that all payments on and offsets to the claim have been credited.
(3) If the claim is not due or contingent, or the amount is not yet ascertainable, the facts supporting the claim.
(4) If the affidavit is made by a person other than the creditor, the reason it is not made by the creditor.
(b) The personal representative may require satisfactory vouchers or proof to be produced to support the claim. An original voucher may be withdrawn after a copy is provided. If a copy is provided, the copy shall be attached to the claim.
(Enacted by Stats. 1990, Ch. 79.)