General Provisions - Creditor Claims - Probate - CA

Section § 9000

This law defines what a “claim” means when dealing with a deceased person’s estate. It includes demands for payment due to the deceased person’s debts, such as those from contracts, wrongdoing, or other obligations. It also covers tax liabilities, except for property taxes secured by real estate liens, and funeral expenses.

However, a claim does not involve disputes over who owns specific property that might be included in the estate.

The term “creditor” refers to someone who can make a claim against the deceased person's estate.

As used in this division:

(a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:

(1) Liability of the decedent, whether arising in contract, tort, or otherwise.

(2) Liability for taxes incurred before the decedent’s death, whether assessed before or after the decedent’s death, other than property taxes and assessments secured by real property liens.

(3) Liability of the estate for funeral expenses of the decedent.

(b) “Claim” does not include a dispute regarding title of a decedent to specific property alleged to be included in the decedent’s estate.

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Section § 9001

This law section explains that when a notice is published or given to start the estate administration for someone who has passed away, it also serves as a notice to creditors about what they need to do. However, this does not change any special notice or request rules that apply to public entities as outlined elsewhere.

(a) The publication of notice under Section 8120 and the giving of notice of administration of the estate of the decedent under Chapter 2 (commencing with Section 9050) constitute notice to creditors of the requirements of this part.

(b) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 5 (commencing with Section 9200).

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Section § 9002

If you have a claim, you need to file it in the way and time frame specified in this section. If you don't, you lose your chance to enforce the claim.

Except as otherwise provided by statute:

(a) All claims shall be filed in the manner and within the time provided in this part.

(b) A claim that is not filed as provided in this part is barred.

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Section § 9003

This law states that if a claim is recognized under this part, it must be added to the list of debts that the estate has to pay during the administration process.

A claim that is established under this part shall be included among the debts to be paid in the course of administration.

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Section § 9004

This law states that any legal proceedings related to administering the estate of someone who has passed away, if they began before July 1, 1988, are not affected by the legal changes made after that date. Instead, these proceedings must follow the old rules that were in place before July 1, 1988, even though those rules were repealed by a 1987 law.

(a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988.

(b) The applicable law in effect before July 1, 1988, governing the subject matter of this part continues to apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988, notwithstanding its repeal by Chapter 923 of the Statutes of 1987.

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