2005 California Probate Code Sections 9100-9104 CHAPTER 3. TIME FOR FILING CLAIMS

9100.  (a) A creditor shall file a claim before expiration of the
later of the following times:
   (1) Four months after the date letters are first issued to a
general personal representative.
   (2) Sixty days after the date notice of administration is given to
the creditor.  Nothing in this paragraph extends the time provided
in Section 366.2 of the Code of Civil Procedure.
   (b) A reference in another statute to the time for filing a claim
means the time provided in paragraph (1) of subdivision (a).
   (c) Nothing in this section shall be interpreted to extend or toll
any other statute of limitations or to revive a claim that is barred
by any statute of limitations.  The reference in this subdivision to
a "statute of limitations" includes Section 366.2 of the Code of
Civil Procedure.
9101.  A vacancy in the office of the personal representative that
occurs before expiration of the time for filing a claim does not
extend the time.
9102.  A claim that is filed before expiration of the time for
filing the claim is timely even if acted on by the personal
representative or by the court after expiration of the time.
9103.  (a) Upon petition by a creditor or the personal
representative, the court may allow a claim to be filed after
expiration of the time for filing a claim provided in Section 9100 if
either of the following conditions is satisfied:
   (1) The personal representative failed to send proper and timely
notice of administration of the estate to the creditor, and that
petition is filed within 60 days after the creditor has actual
knowledge of the administration of the estate.
   (2) The creditor had no knowledge of the facts reasonably giving
rise to the existence of the claim more than 30 days prior to the
time for filing a claim as provided in Section 9100, and the petition
is filed within 60 days after the creditor has actual knowledge of
both of the following:
   (A) The existence of the facts reasonably giving rise to the
existence of the claim.
   (B) The administration of the estate.
   (b) Notwithstanding subdivision (a), the court shall not allow a
claim to be filed under this section after the court makes an order
for final distribution of the estate.  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, and may require the appointment or reappointment of a
personal representative if necessary.  The court may deny the
creditor's petition if a payment to general creditors has been made
and it appears that the filing or establishment of the claim would
cause or tend to cause unequal treatment among creditors.
   (d) Regardless of whether the claim is later established in whole
or in part, payments otherwise properly made before a claim is filed
under this section are not subject to the claim.  Except to the
extent provided in Section 9392 and subject to Section 9053, the
personal representative or payee is not liable on account of the
prior payment.  Nothing in this subdivision limits the liability of a
person who receives a preliminary distribution of property to
restore to the estate an amount sufficient for payment of the
distributee's proper share of the claim, not exceeding the amount
distributed.
   (e) Notice of hearing on the petition shall be given as provided
in Section 1220.
9104.  (a)  Subject to subdivision (b), if a claim is filed within
the time provided in this chapter, the creditor 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.
   (c) An amendment or revision may not be made for any purpose after
the earlier of the following times:
   (1) The time the court makes an order for final distribution of
the estate.
   (2) One year after letters are first issued to a general personal
representative.