California Probate Code

§ 19401

PROB § 19401 Effective Jan 1, 1993Div. 9 · Part 8 · Ch. 12

Statute text

Subject to Section 19402, if the trustee filed a proposed notice to creditors pursuant to Section 19003 and published notice to creditors pursuant to Section 19040, and if the identity of the creditor was known to, or reasonably ascertainable by, the trustee within four months of the first publication of notice pursuant to Section 19040, then a person to whom property is distributed is personally liable for the claim of the creditor, without a claim first having been filed, if all of the following conditions are satisfied:

(a)The claim of the creditor was not merely conjectural.

(b)Notice to the creditor was not given to the creditor under Chapter 4 (commencing with Section 19050) and neither the creditor nor the attorney representing the creditor in the matter had actual knowledge of the administration of the trust estate sooner than one year after the date of first publication of notice pursuant to Section 19040.

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Legislative history

Amended by Stats. 1992, Ch. 178, Sec. 47. Effective January 1, 1993.