2009 California Probate Code - Section 19050-19054 :: Chapter 4. Actual Notice To Creditors

PROBATE CODE
SECTION 19050-19054

19050.  Except as provided in Section 19054, if the trustee has
knowledge of a creditor of the deceased settlor, the trustee shall
give notice to the creditor. The notice shall be given as provided in
Section 1215. For the purpose of this section, a trustee has
knowledge of a creditor of the deceased settlor if the trustee is
aware that the creditor has demanded payment from the deceased
settlor or the trust estate.

19051.  The notice shall be given before expiration of the later of
the following times:
   (a) Four months after the first publication of notice under
Section 19040.
   (b) Thirty days after the trustee first has knowledge of the
creditor.

19052.  The notice shall be in substantially the following form:

                               NOTICE TO CREDITORS
                              OF _____________
# ____________
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _________

   Notice is hereby given to the creditors and contingent creditors
of the above-named decedent, that all persons having claims against
the decedent are required to file them with the Superior Court, at
_______, and mail or deliver a copy to ______, as trustee of the
trust dated _____ wherein the decedent was the settlor, at _______,
within the later of four months after _____ (the date of the first
publication of notice to creditors) or, if notice is mailed or
personally delivered to you, 60 days after the date this notice is
mailed or personally delivered to you, or you must petition to file a
late claim as provided in Section 19103 of the Probate Code. A claim
form may be obtained from the court clerk. For your protection, you
are encouraged to file your claim by certified mail, with return
receipt requested.
__________________________
   (Date of mailing this
    notice if applicable)

___________________________
   (name and address of
    trustee or attorney)

19053.  (a) If the trustee believes that notice to a particular
creditor is or may be required by this chapter and gives notice based
on that belief, the trustee is not liable to any person for giving
the notice, whether or not required by this chapter.
   (b) If the trustee fails to give notice required by this chapter,
the trustee is not liable to any person for that failure, unless a
creditor establishes all of the following:
   (1) The failure was in bad faith.
   (2) The creditor did not have actual knowledge of the proceedings
under Chapter 1 (commencing with Section 19000) sooner than one year
after publication of notice to creditors under Section 19040, and
payment would have been made on the creditor's claim if the claim had
been properly filed.
   (3) Within 16 months after the first publication of notice under
Section 19040, the creditor did both of the following:
   (A) Filed a petition requesting that the court in which the
proceedings under Chapter 1 (commencing with Section 19000) were
initiated make an order determining the liability of the trustee
under this subdivision.
   (B) At least 30 days before the hearing on the petition, caused
notice of the hearing and a copy of the petition to be served on the
trustee in the manner provided in Chapter 4 (commencing with Section
413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
   (c) Nothing in this section affects the liability of the trust
estate, if any, for the claim of a creditor, and the trustee is not
liable to the extent the claim is paid out of the trust estate.
   (d) Nothing in this chapter imposes a duty on the trustee to make
a search for creditors of the deceased settlor.

19054.  Notwithstanding Section 19050, the trustee need not give
notice to a creditor even though the trustee has knowledge of the
creditor if either of the following conditions is satisfied:
   (a) The creditor has filed a claim as provided in this part.
   (b) The creditor has demanded payment and the trustee elects to
treat the demand as a claim under Section 19154.



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