§ 9053. — 9053. (Amended by Stats. 1999, Ch. 263, Sec. 4.)

California § 9053.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 7.: DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS
• Part 4.: PART 4. CREDITOR CLAIMS
• Ch. 2.: CHAPTER 2. Notice to Creditors

Text

(a)
If the personal representative believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the personal representative is not liable to any person for giving the notice, whether or not required by this chapter.
(b)
If the personal representative fails to give notice required by this chapter, the personal representative is not liable to any person for the failure, unless a creditor establishes all of the
following:
(1)
The failure was in bad faith.
(2)
The creditor had no actual knowledge of the administration of the estate before expiration of the time for filing a claim, and payment would have been made on the creditor’s claim in the course of administration if the claim had been properly filed.
(3)
Within 16 months after letters were first issued to a general personal representative, the creditor did both of the following:
(A)
Filed a petition requesting that the court in which the estate was administered make an order determining the liability of the personal representative under this subdivision.
(B)
At least 30 days before the hearing on the petition, caused notice of the hearing
and a copy of the petition to be served on the personal representative in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(c)
Nothing in this section affects the liability of the estate, if any, for the claim of a creditor, and the personal representative is not liable for the claim to the extent it is paid out of the estate or could be paid out of the estate pursuant to Section 9103.
(d)
A personal representative has a duty to make reasonably diligent efforts to identify reasonably ascertainable creditors of the decedent.

Legislative History

Amended by Stats. 1999, Ch. 263, Sec. 4. Effective January 1, 2000.