Chapter 6 - Filing of Claims

California Probate Code — §§ 19150-19154

Sections (5)

§ 19150

Amended by Stats. 2017, Ch. 319, Sec. 103. (AB 976) Effective January 1, 2018.

(a)A claim may be filed by the creditor or a person acting on behalf of the claimant.

(b)A claim shall be filed with the court and a copy shall be delivered to the trustee pursuant to Section 1215. Failure to deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.

§ 19151

Amended by Stats. 2007, Ch. 159, Sec. 22. Effective January 1, 2008.

(a)A claim shall be supported by the affidavit of the creditor or the person on behalf of the claimant stating:

(1)The claim is a just claim.

(2)If the claim is due, the facts supporting the claim, the amount of the claim, and that all payments on and offsets to the claim have been credited.

(3)If the claim is not due or contingent, or the amount is not yet ascertainable, the facts supporting the claim.

(4)If the affidavit is made by a person other than the creditor, the reason it is not made by the creditor.

(b)The trustee may require satisfactory vouchers or proof to be produced to support the claim. An original voucher may be withdrawn after a copy is provided. If a copy is provided, the copy shall be attached to the claim.

§ 19152

Added by Stats. 1991, Ch. 992, Sec. 3.

(a)If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached to the claim. If a copy is attached, the original instrument shall be exhibited to the trustee on demand unless it is lost or destroyed, in which case the fact that it is lost or destroyed shall be stated in the claim.

(b)If the claim or a part of the claim is secured by a mortgage, deed of trust, or other lien that is recorded in the office of the recorder of the county in which the property subject to the lien is located, it is sufficient to describe the mortgage, deed of trust, or lien and the recording reference for the instrument that created the mortgage, deed of trust, or other lien.

§ 19153

Amended by Stats. 2017, Ch. 319, Sec. 104. (AB 976) Effective January 1, 2018.

The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee pursuant to Section 1215. Any such claim form shall include a proof of delivery of a copy of the claim to the trustee which may be completed by the creditor.

§ 19154

Amended by Stats. 2007, Ch. 159, Sec. 23. Effective January 1, 2008.

(a)Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within the time specified in Section 19100, the trustee may waive formal defects and elect to treat the demand as a claim that is filed and established under this part by paying the amount demanded.

(b)Nothing in this section limits application of the doctrines of waiver, estoppel, laches, or detrimental reliance or any other equitable principle.