SECTIONS 9350-9354 - California Statutes

PROBATE CODE

SECTION 9350-9354

9350. This article applies to any claim other than a claim on an
action or proceeding pending against the decedent at the time of
death.

9351. An action may not be commenced against a decedent's personal
representative on a cause of action against the decedent unless a
claim is first filed as provided in this part and the claim is
rejected in whole or in part.

9352. (a) The filing of a claim or a petition under Section 9103 to
file a claim tolls the statute of limitations otherwise applicable
to the claim until allowance, approval, or rejection.
(b) The allowance or approval of a claim in whole or in part
further tolls the statute of limitations during the administration of
the estate as to the part allowed or approved.

9353. (a) Regardless of whether the statute of limitations
otherwise applicable to a claim will expire before or after the
following times, a claim rejected in whole or in part is barred as to
the part rejected unless, within the following times, the creditor
commences an action on the claim or the matter is referred to a
referee or to arbitration:
(1) If the claim is due at the time the notice of rejection is
given, 90 days after the notice is given.
(2) If the claim is not due at the time the notice of rejection is
given, 90 days after the claim becomes due.
(b) The time during which there is a vacancy in the office of the
personal representative shall be excluded from the period determined
under subdivision (a).

9354. (a) In addition to any other county in which an action may be
commenced, an action on the claim may be commenced in the county in
which the proceeding for administration of the decedent's estate is
pending.
(b) The plaintiff shall file a notice of the pendency of the
action with the court clerk in the estate proceeding, together with
proof of giving a copy of the notice to the personal representative
as provided in Section 1215. Personal service of a copy of the
summons and complaint on the personal representative is equivalent to
the filing and giving of the notice. Any property distributed under
court order, or any payment properly made, before the notice is filed
and given is not subject to the claim. The personal representative,
distributee, or payee is not liable on account of the prior
distribution or payment.
(c) The prevailing party in the action shall be awarded court
costs and, if the court determines that the prosecution or defense of
the action against the prevailing party was unreasonable, the
prevailing party shall be awarded reasonable litigation expenses,
including attorney's fees.