Legal Definition
(a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part. A claim not so filed is barred, including any lien imposed for the claim.
(b) As used in this chapter, “public entity” has the meaning provided in Section 811.2 of the Government Code, and includes an officer authorized to act on behalf of the public entity.
Basic Definition
Section 9200: This probate code governs the timely filing of claims by public entities against an estate, barring untimely claims, including liens for such claims.
In-Depth Overview and Use Cases
Section 9200 defines how public entities can assert claims against an estate. For example, if a decedent owes property taxes or penalties to a public entity, that entity must file a claim within the specified time or forfeit collection rights. This ensures estates are not indefinitely burdened by unresolved public debts. Use cases include disputes over tax liens or fines involving public creditors.
Application & Relevance
Probate attorneys rely on this code to ensure claims by public entities are valid and timely, protecting estates from unwarranted or delayed liabilities. This section is especially relevant in cases involving municipal or state claims against decedents’ estates.
Legal Scenario
Financial Elder Abuse
Probate Code Impact
If a public entity has a claim against the estate, it must file the claim within the specified time. This protects against delayed claims that may arise from financial elder abuse, ensuring that the estate is not burdened by outdated claims.
Legal Scenario
Conservatorship & Guardianship
Probate Code Impact
In cases involving elder financial abuse, a public entity’s claim may be barred if not timely filed under Section 9200, preventing the estate from being responsible for claims filed too late, such as fines or restitution from elder exploitation cases.
