SECTIONS 19150-19154 - California Statutes

PROBATE CODE

SECTION 19150-19154

19150. (a) A claim may be filed by the creditor or a person acting
on behalf of the claimant.
(b) A claim shall be filed with the court and a copy shall be
mailed to the trustee. Failure to mail a copy to the trustee does not
invalidate a properly filed claim, but any loss that results from
the failure shall be borne by the creditor.

19151. (a) A claim shall be supported by the affidavit of the
creditor or the person on behalf of the claimant stating:
(1) The claim is a just claim.
(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 trustee 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 An original voucher may be withdrawn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.

19152. (a) If a claim is based on a written instrument, either the
original or a copy of the original with all endorsements shall be
attached to the claim. If a copy is attached, the original instrument
shall be exhibited to the trustee on demand unless it is lost or
destroyed, in which case the fact that it is lost or destroyed shall
be stated in the claim.
(b) If the claim or a part of the claim is secured by a mortgage,
deed of trust, or other lien that is recorded in the office of the
recorder of the county in which the property subject to the lien is
located, it is sufficient to describe the mortgage, deed of trust, or
lien and the recording reference for the instrument that created the
mortgage, deed of trust, or other lien.

19153. The Judicial Council may adopt a claim form which shall
inform the creditor that the claim must be filed with the court and a
copy mailed or delivered to the trustee. Any such claim form shall
include a proof of mailing or delivery of a copy of the claim to the
trustee which may be completed by the creditor.

19154. (a) Notwithstanding any other provision of this part, if a
creditor makes a written demand for payment within the time specified
in Section 19100, the trustee may waive formal defects and elect to
treat the demand as a claim that is filed and established under this
part by paying the amount demanded.
(b) Nothing in this section limits application of the doctrines of
waiver, estoppel, laches, or detrimental reliance or any other
equitable principle.