Chapter 5 - Claims by Public Entities - California Probate Code

Sections (6)

Enacted by Stats. 1990, Ch. 79.

(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.

§ 9201

Amended by Stats. 2014, Ch. 144, Sec. 49. (AB 1847) Effective January 1, 2015.

(a)Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b):

(1)The public entity may provide a form to be used for the written notice or request to the public entity required by this chapter. Where appropriate, the form may require the decedent’s social security number, if known.

(2)The claim is barred only after written notice or request to the public entity and expiration of the period provided in the applicable section. If no written notice or request is made, the claim is enforceable by the remedies, and is barred at the time, otherwise provided in the law, act, or code.

(b)

§ 9202

Amended by Stats. 2025, Ch. 200, Sec. 26. (AB 1521) Effective January 1, 2026.

(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 the State Department of Health Care Services notice of the decedent’s death in the manner provided in Section 215, or submitted electronically to the director through the department’s official internet website using the online notice of death form, 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.

(e)(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 notice of the decedent’s death to the Director of the California Department of Child Support Services, in the manner provided by Section 1215, or submitted electronically to the director through the department’s official internet website in a manner to be determined by the department, if the general personal representative or estate attorney knows or has reason to believe that the decedent had a child support obligation under an order issued by a court of competent jurisdiction.

(2)A local child support agency providing services pursuant to Division 17 (commencing with Section 17000) of the Family Code may assert a claim no later than four months after receiving notice under

this subdivision.

(3)This subdivision applies to estates for which letters are first issued on or after January 1, 2026.

§ 9203

Amended by Stats. 1999, Ch. 987, Sec. 3. Effective October 10, 1999.

(a)Failure of a person to give the written notice or request required by this chapter does not affect the validity of any proceeding under this code concerning the administration of the decedent’s estate.

(b)If property in the estate is distributed before expiration of the time allowed a public entity to file a claim, the public entity has a claim against the distributees to the full extent of the public entity’s claim, or each distributee’s share of the distributed property,

whichever is less. The public entity’s claim against distributees includes interest at a rate equal to that specified in Section 19521 of the Revenue and Taxation Code, from the date of distribution or the date of filing the claim by the public entity, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment.

§ 9204

Enacted by Stats. 1990, Ch. 79.

Nothing in this chapter shall be construed to affect the order of priority of claims provided for under other provisions of law.

§ 9205

Enacted by Stats. 1990, Ch. 79.

This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect representation, or a forged or unauthorized endorsement.