19200-19205
PROBATE CODE
SECTION 19200-19205
19200. (a) Except as provided in this chapter, a claim by a public
entity shall be filed within the time otherwise provided in this
part. A claim not so filed is barred, including any lien imposed for
the claim.
(b) As used in this chapter, "public entity" has the meaning
provided in Section 811.2 of the Government Code, and includes an
officer authorized to act on behalf of the public entity.
19201. (a) Notwithstanding any other statute, if a claim of a
public entity arises under a law, act, or code listed in subdivision
(b):
(1) The public entity may provide a form to be used for the
written notice or request to the public entity required by this
chapter. Where appropriate, the form may require the decedent's
social security number, if known.
(2) The claim is barred only after written notice or request to
the public entity and expiration of the period provided in the
applicable section. If no written notice or request is made, the
claim is enforceable by the remedies, and is barred at the time,
otherwise provided in the law, act, or code.
(b)
Law, Act, or Code Applicable Section
Sales and Use Tax Law Section 6487.1 of
(Part 1 (commencing the Revenue and
with Section 6001) of Taxation Code
Division 2 of the
Revenue and Taxation
Code)
Bradley-Burns Uniform Section 6487.1 of
Local Sales and Use Tax the Revenue and
Law (Part 1.5 Taxation Code
(commencing with
Section 7200) of
Division 2 of the
Revenue and Taxation
Code)
Transactions and Use Section 6487.1 of
Tax Law (Part 1.6 the Revenue and
(commencing with Taxation Code
Section 7251) of
Division 2 of the
Revenue and Taxation
Code)
Motor Vehicle Fuel Section 7675.1 of
License Tax Law (Part 2 the Revenue and
(commencing with Taxation Code
Section 7301) of
Division 2 of the
Revenue and Taxation
Code)
Use Fuel Tax Law (Part Section 8782.1 of
3 (commencing with the Revenue and
Section 8601) of Taxation Code
Division 2 of the
Revenue and Taxation
Code)
Administration of Section 19517 of
Franchise and Income the Revenue and
Tax Laws (Part 10.2 Taxation Code
(commencing with
Section 18401) of
Division 2 of the
Revenue and Taxation
Code)
Cigarette Tax Law (Part Section 30207.1 of
13 (commencing with the Revenue and
Section 30001) of Taxation Code
Division 2 of the
Revenue and Taxation
Code)
Alcoholic Beverage Tax Section 32272.1 of
Law (Part 14 the Revenue and
(commencing with Taxation Code
Section 32001) of
Division 2 of the
Revenue and Taxation
Code)
Unemployment Insurance Section 1090 of
Code the Unemployment
Insurance Code
State Hospitals for the Section 7277.1 of
Mentally Disordered the Welfare and
(Chapter 2 (commencing Institutions Code
with Section 7200) of
Division 7 of the
Welfare and
Institutions Code)
Medi-Cal Act (Chapter 7 Section 9202 of
(commencing with the Probate Code
Section 14000) of Part
3 of Division 9 of the
Welfare and
Institutions Code)
Waxman-Duffy Prepaid Section 9202 of
Health Plan Act the Probate Code
(Chapter 8 (commencing
with Section 14200) of
Part 3 of Division 9 of
the Welfare and
Institutions Code)
19202. (a) If the trustee knows or has reason to believe that the
deceased settlor received health care under Chapter 7 (commencing
with Section 14000) or Chapter 8 (commencing with Section 14200) of
Part 3 of Division 9 of the Welfare and Institutions Code, or was the
surviving spouse of a person who received that health care, the
trustee shall give the State Director of Health Services notice of
the death of the deceased settlor or surviving spouse in the manner
provided in Section 215.
(b) The director has four months after notice is given in which to
file a claim.
19203. If property in the trust is distributed before expiration of
the time allowed a public entity to file a claim, the public entity
has a claim against the distributees to the full extent of the public
entity's claim or each distributee's share of the distributed
property, as set forth in Section 19402, whichever is less. The
public entity's claim against distributees includes interest at a
rate equal to that specified in Section 19521 of the Revenue and
Taxation Code, from the date of distribution or the date of filing
the claim by the public entity, whichever is later, plus other
accruing costs as in the case of enforcement of a money judgment.
19204. Nothing in this chapter shall be construed to affect the
order of priority of debts provided for under other provisions of
law.
19205. This chapter does not apply to liability for the restitution
of amounts illegally acquired through the means of a fraudulent,
false, or incorrect representation, or a forged or unauthorized
endorsement.