SECTIONS 9300-9304 - California Statutes

PROBATE CODE

SECTION 9300-9304

9300. (a) Except as provided in Section 9303, after the death of
the decedent all money judgments against the decedent or against the
personal representative on a claim against the decedent or estate are
payable in the course of administration and are not enforceable
against property in the estate of the decedent under the Enforcement
of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2
of the Code of Civil Procedure).
(b) Subject to Section 9301, a judgment referred to in subdivision
(a) shall be filed in the same manner as other claims.

9301. When a money judgment against a personal representative in a
representative capacity becomes final, it conclusively establishes
the validity of the claim for the amount of the judgment. The
judgment shall provide that it is payable out of property in the
decedent's estate in the course of administration. An abstract of the
judgment shall be filed in the administration proceedings.

9302. (a) Notwithstanding the death of the decedent, a judgment for
possession of property or a judgment for sale of property may be
enforced under the Enforcement of Judgments Law (Title 9 (commencing
with Section 680.010) of Part 2 of the Code of Civil Procedure).
Nothing in this subdivision authorizes enforcement under the
Enforcement of Judgments Law against any property in the estate of
the decedent other than the property described in the judgment for
possession or sale.
(b) After the death of the decedent, a demand for money that is
not satisfied from the property described in a judgment for sale of
property shall be filed as a claim in the same manner as other claims
and is payable in the course of administration.

9303. If property of the decedent is subject to an execution lien
at the time of the decedent's death, enforcement against the property
may proceed under the Enforcement of Judgments Law (Title 9
(commencing with Section 680.010) of Part 2 of the Code of Civil
Procedure) to satisfy the judgment. The levying officer shall account
to the personal representative for any surplus. If the judgment is
not satisfied, the balance of the judgment remaining unsatisfied is
payable in the course of administration.

9304. (a) An attachment lien may be converted into a judgment lien
on property in the estate subject to the attachment lien, with the
same priority as the attachment lien, in either of the following
cases:
(1) Where the judgment debtor dies after entry of judgment in an
action in which the property was attached.
(2) Where a judgment is entered after the death of the defendant
in an action in which the property was attached.
(b) To convert the attachment lien into a judgment lien, the
levying officer shall, after entry of judgment in the action in which
the property was attached and before the expiration of the
attachment lien, do one of the following:
(1) Serve an abstract of the judgment, and a notice that the
attachment lien has become a judgment lien, on the person holding
property subject to the attachment lien.
(2) Record or file, in any office where the writ of attachment and
notice of attachment are recorded or filed, an abstract of the
judgment and a notice that the attachment lien has become a judgment
lien. If the attached property is real property, the plaintiff or the
plaintiff's attorney may record the required abstract and notice
with the same effect as if recorded by the levying officer.
(c) After the death of the decedent, any members of the decedent's
family who were supported in whole or in part by the decedent may
claim an exemption provided in Section 487.020 of the Code of Civil
Procedure for property levied on under the writ of attachment if the
right to the exemption exists at the time the exemption is claimed.
The personal representative may claim the exemption on behalf of
members of the decedent's family. The claim of exemption may be made
at any time before the time the abstract and notice are served,
recorded, or filed under subdivision (b) with respect to the property
claimed to be exempt. The claim of exemption shall be made in the
same manner as an exemption is claimed under Section 482.100 of the
Code of Civil Procedure.