California Probate Code Section 9150

Legal Definition

(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.

Basic Definition

Section 9150: A creditor’s claim must be filed with the court and served on the personal representative within specific timeframes. Failure to do so invalidates the claim.

In-Depth Overview and Use Cases

Section 9150 outlines the procedure for filing creditor claims in probate cases. Creditors must file claims with the court and serve them on the personal representative within statutory deadlines (e.g., 30 days of claim filing or four months after letters issue). Failure to meet these requirements renders claims invalid. Use cases include disputes over rejected claims or validating the timeliness of creditor filings in court.

Application & Relevance

Section 9150 is crucial for attorneys representing creditors or estates. It ensures adherence to strict timelines and protects estates from late or invalid claims, enabling efficient resolution of creditor disputes during probate proceedings.

Legal Scenario

Financial Elder Abuse

Probate Code Impact

Financial elder abuse claims often involve creditors making claims against the decedent’s estate. Section 9150 ensures the proper filing of claims, protecting the estate from late or invalid claims.

Legal Scenario

Contesting a Will

Probate Code Impact

Section 9150 plays a role in contested wills, as it dictates the process for creditors filing claims against an estate. Failure to comply with the timing requirements may invalidate claims, impacting the outcome of will contests.

Frequently Asked Questions

What is the consequence if a creditor fails to file a claim within the statutory period?

If a creditor fails to file and serve the claim within the designated timeframes (60 days after a Notice to Creditors pursuant to Section 9052 or four months after letters issue), their claim is invalid under Section 9150.

Can a creditor still file a claim after the deadlines have passed if they were unaware of the decedent’s death?

No, under Section 9150, the creditor’s claim is invalid unless it is filed and served within the prescribed deadlines, regardless of prior knowledge of the decedent’s death.

How can a personal representative dispute a late creditor claim?

If a creditor’s claim is not filed within the statutory period, the personal representative can reject the claim, making the claim invalid under Section 9150.