SECTIONS 9150-9154 - California Statutes

PROBATE CODE

SECTION 9150-9154

9150. (a) A claim may be filed by the creditor or a person acting
on behalf of the creditor.
(b) A claim shall be filed with the court and a copy shall be
served on the personal representative, or on a person who is later
appointed and qualified as personal representative.
(c) Service of the claim on the personal representative shall be
made within the later of 30 days of the filing of the claim or four
months after letters issue to a personal representative with general
powers. Service shall not be required after the claim has been
allowed or rejected.
(d) If the creditor does not file the claim with the court and
serve the claim on the personal representative as provided in this
section, the claim shall be invalid.

9151. (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.
(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be withdrawn after a copy is provided.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.

9152. (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 personal representative or court or judge
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.

9153. A claim form adopted by the Judicial Council shall inform the
creditor that the claim must be filed with the court and a copy
mailed or delivered to the personal representative. The claim form
shall include a proof of mailing or delivery of a copy of the claim
to the personal representative, which may be completed by the
creditor.

9154. (a) Notwithstanding any other provision of this part, if a
creditor makes a written demand for payment within four months after
the date letters are first issued to a general personal
representative, the personal representative 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 before the
expiration of 30 days after the four-month period if all of the
following conditions are satisfied:
(1) The debt was justly due.
(2) The debt was paid in good faith.
(3) The amount paid was the true amount of the indebtedness over
and above all payments and offsets.
(4) The estate is solvent.
(b) Nothing in this section limits application of (1) the
doctrines of waiver, estoppel, laches, or detrimental reliance or (2)
any other equitable principle.