9050-9054
PROBATE CODE
SECTION 9050-9054
9050. (a) Subject to Section 9054, the personal representative
shall give notice of administration of the estate to the known or
reasonably ascertainable creditors of the decedent. The notice shall
be given as provided in Section 1215. For the purpose of this
subdivision, a personal representative has knowledge of a creditor of
the decedent if the personal representative is aware that the
creditor has demanded payment from the decedent or the estate.
(b) The giving of notice under this chapter is in addition to the
publication of the notice under Section 8120.
9051. The notice shall be given within the later of:
(a) Four months after the date letters are first issued.
(b) Thirty days after the personal representative first has
knowledge of the creditor.
9052. The notice shall be in substantially the following form:
NOTICE OF ADMINISTRATION OF
ESTATE OF _______, DECEDENT
Notice to creditors:
Administration of the estate of ______ (deceased) has been
commenced by ______ (personal representative) in Estate No. ____ in
the Superior Court of California, County of ____. You must file your
claim with the court and mail or deliver a copy to the personal
representative within the last to occur of four months after ____
(the date letters were issued to the personal representative), or 60
days after the date this notice was mailed to you or, in the case of
personal delivery, 60 days after the date this notice was delivered
to you, as provided in Section 9100 of the California Probate Code,
or you must petition to file a late claim as provided in Section 9103
of the California Probate Code. Failure to file a claim with the
court and serve a copy of the claim on the personal representative
will, in most instances, invalidate your claim. A claim form may be
obtained from the court clerk. For your protection, you are
encouraged to file your claim by certified mail, with return receipt
requested.
_____________________ ____________________________
(Date of mailing (Name and address of
this notice) personal
representative or attorney)
9053. (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.
9054. Notwithstanding Section 9050, the personal representative
need not give notice to a creditor even though the personal
representative has knowledge of the creditor if any of the following
conditions is satisfied:
(a) The creditor has filed a claim as provided in this part.
(b) The creditor has demanded payment and the personal
representative elects to treat the demand as a claim under Section
9154.