2005 California Probate Code Sections 19100-19104 CHAPTER 5. TIME FOR FILING CLAIMS

PROBATE CODE
SECTION 19100-19104

19100.  (a) A claimant shall file a claim before expiration of the
later of the following times:
   (1) Four months after the first publication of notice to creditors
under Section 19040.
   (2) Thirty days after the date actual notice is mailed or
personally delivered to the creditor, if notice is given within the
time provided in subdivision (a) or (b) of Section 19051.
   (b) Notwithstanding Section 19103, a reference in another statute
to the time for filing a claim means the time provided in paragraph
(1) of subdivision (a), unless the provision or context requires
otherwise.
19101.  A vacancy in the office of the trustee that occurs before
expiration of the time for filing a claim does not extend the time.
19102.  A claim that is filed before expiration of the time for
filing the claim is timely even if acted on by the trustee or the
court after expiration of the time for filing claims.
19103.  (a) Upon petition by a claimant and upon giving notice of
hearing in the manner and to the person set forth in Section 19024,
the court may allow a claim to be filed after expiration of the time
provided in Section 19100 if it appears that either of the following
conditions are satisfied:
   (1) Neither the claimant nor the attorney representing the
claimant in the matter had actual knowledge of the proceeding under
this part more than 15 days before expiration of the time provided in
Section 19100, and the claimant's petition was filed within 30 days
after either the claimant or the claimant's attorney had actual
knowledge of the proceeding whichever occurred first.
   (2) Neither the claimant nor the attorney representing the
claimant in the matter had knowledge of the existence of the claim
more than 15 days before expiration of the time provided in Section
19100 and the claimant's petition was filed within 30 days after
either the claimant or the claimant's attorney had knowledge of the
existence of the claim whichever occurred first.
   (b) The court shall not allow a claim to be filed under this
section more than one year after the date of first publication of
notice to creditors under Section 19040.  Nothing in this subdivision
authorizes allowance or approval of a claim barred by, or extends
the time provided in, Section 366.2 of the Code of Civil Procedure.
   (c) The court may condition the claim on terms that are just and
equitable.  The court may deny the claimant's petition if a
distribution to trust beneficiaries or payment to general creditors
has been made and it appears the filing or establishment of the claim
would cause or tend to cause unequal treatment among beneficiaries
or creditors.
   (d) Regardless of whether the claim is later established in whole
or in part, property distributed under the terms of the trust
subsequent to an order settling claims under Chapter 2 (commencing
with Section 19020) and payments otherwise properly made before a
claim is filed under this section are not subject to the claim.
Except to the extent provided in Chapter 12 (commencing with Section
19400) and subject to Section 19053, the trustee, distributee, or
payee is not liable on account of the prior distribution or payment.
19104.  (a) Subject to subdivision (b), if a claim is filed within
the time provided in this chapter, the claimant may later amend or
revise the claim.  The amendment or revision shall be filed in the
same manner as the claim.
   (b) An amendment or revision may not be made to increase the
amount of the claim after the time for filing a claim has expired.
An amendment or revision to specify the amount of a claim that, at
the time of filing, was not due, was contingent, or was not yet
ascertainable, is not an increase in the amount of the claim within
the meaning of this subdivision.  An amendment or revision of a claim
may not be made for any purpose after the earlier of the following
times:
   (1) The time the court makes an order approving settlement of the
claim against the deceased settlor under Chapter 2 (commencing with
Section 19020).
   (2) One year after the date of the first publication of notice to
creditors under Section 19040.  Nothing in this paragraph authorizes
allowance or approval of a claim barred by, or extends the time
provided in, Section 366.2 of the Code of Civil Procedure.


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