Legal Definition
(a) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Director of Health Care Services notice of the decedent’s death in the manner provided in Section 215 if the general personal representative knows or has reason to believe that the decedent received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or was the surviving spouse of a person who received that health care. The director has four months after notice is given in which to file a claim.
(b) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Director of the California Victim Compensation Board notice of the decedent’s death in the manner provided in Section 216 if the general personal representative or estate attorney knows that an heir or beneficiary is or has previously been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation or confined in any county or city jail, road camp, industrial farm, or other local correctional facility. The director of the board shall have four months after that notice is received in which to pursue collection of any outstanding restitution fines or orders.
(c) (1) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Franchise Tax Board notice of the administration of the estate. The notice shall be given as provided in Section 1215.
(2) The provisions of this subdivision shall apply to estates for which letters are first issued on or after July 1, 2008.
(d) Nothing in this section shall be interpreted as requiring the estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent to conduct an additional investigation to determine whether a decedent has an heir or beneficiary who has been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation, or its Division of Juvenile Facilities, or confined in any county or city jail, road camp, industrial farm, or other local correctional facility.
Basic Definition
Section 9202: This probate code mandates notification to public agencies, including the Department of Health Care Services, Victim Compensation Board, and Franchise Tax Board, ensuring they have an opportunity to file claims.
In-Depth Overview and Use Cases
Section 9202 outlines a critical timeline and process for notifying public agencies of an estate’s administration. For example, the personal representative must notify the Department of Health Care Services if the decedent received Medicaid benefits. This allows the agency to recover costs within four months. Similarly, if a beneficiary is incarcerated, the Victim Compensation Board must be notified to collect restitution. Use cases include compliance with state reimbursement claims and resolving tax obligations.
Application & Relevance
This section is crucial in probate litigation to avoid penalties for failure to notify relevant agencies. Attorneys rely on this code to ensure proper estate administration and compliance with government claims, avoiding delays or liabilities for the estate.
Legal Scenario
Trust Accounting
Probate Code Impact
Section 9202 ensures that the personal representative notifies relevant public agencies, including the Franchise Tax Board and Health Care Services, about estate administration. This helps ensure that all tax liabilities and healthcare claims are addressed before distributing trust assets.
Legal Scenario
Trust Petition
Probate Code Impact
For a trust petition, timely notification to relevant agencies, as outlined in Section 9202, ensures that any claims, such as those for healthcare services, are accounted for and resolved before distributing assets to beneficiaries. Ensuring proper notice has been given will avoid any issues that may arise if a late claim is made against a decedent’s estate that may impact the administration of the trust.
