California Probate Lawyer Blog

Probate Debts

Here are some topics regarding the administration of estates of decedents when dealing with debts as addressed by California probate law.

Throughout this blog, there are other articles on related subjects such as “California Probate Debts And Creditors“, “Creditors’ Claims In California Probate Court“, “When You Die, Who Pays Your Debts?” and “Death And Debts“.

PART 9. PAYMENT OF DEBTS
CHAPTER 1. DEFINITIONS AND PRELIMINARY PROVISIONS …………………………. 11400-11402

Section

11400: Application of definitions 11401: Debt 11402: Wage claim

11405: Application of part; continued application of prior law (for proceedings commenced before July 1, 1988)

CHAPTER 2. GENERAL PROVISIONS …………………………. 11420-11429

11420: Debt classes; priorities within class; proportionate shares 11421: Debts to be paid when there are sufficient funds after covering administration expenses
11422: Payment of debt not required until ordered by court;exceptions; court order to pay debts; final account and hearing
11423: Interest on debt; accrual; rate
11424: Liability of personal representative for failure to pay debt
11428: Debts unpayable because creditor cannot be found; deposit of payment with county treasurer; receipt; disposition of deposit
11429: Right of contribution among creditors; liability of personal representative

CHAPTER 3. ALLOCATION OF DEBTS BETWEEN ESTATE AND SURVIVING SPOUSE ……………………………………. 11440-11446

Section

11440: Petition to allocate debt
11441: Contents of petition
11442: Value of separate and community property affecting allocation where no inventory and appraisal provided; show cause order
11443: Notice of hearing on show cause order
11444: Allocation of debt
11445: Payment of allocated shares; court order
11446: Last illness and funeral expenses

CHAPTER 4. DEBTS THAT ARE CONTINGENT, DISPUTED, OR NOT DUE .. 11460-11467

Section

11460: Definitions
11461: Court order; petition; notice of hearing
11462: Agreement of interested persons
11463: Deposit in account withdrawable only on court order
11464: Distribution subject to assumption of liability
11465: Appointment of trustee
11466: Distribution subject to bond
11467: Continuation of administration

California probates can be complex and require expertise of a qualified attorney. Call Mitchell A. Port at (310) 559-5259 for help.