Chapter 7. Claims By Public Entities of California Probate Code >> Division 9. >> Part 8. >> Chapter 7.
(a) Except as provided in this chapter, a claim by a public
entity shall be filed within the time otherwise provided in this
part. A claim not so filed is barred, including any lien imposed for
the claim.
(b) As used in this chapter, "public entity" has the meaning
provided in Section 811.2 of the Government Code, and includes an
officer authorized to act on behalf of the public entity.
(a) Notwithstanding any other statute, if a claim of a
public entity arises under a law, act, or code listed in subdivision
(b):
(1) The public entity may provide a form to be used for the
written notice or request to the public entity required by this
chapter. Where appropriate, the form may require the decedent's
social security number, if known.
(2) The claim is barred only after written notice or request to
the public entity and expiration of the period provided in the
applicable section. If no written notice or request is made, the
claim is enforceable by the remedies, and is barred at the time,
otherwise provided in the law, act, or code.
(b)
Law, Act, or Code Applicable Section
Sales and Use Tax Law
(commencing with Section 6487.1 of the
Section 6001 of the Revenue and Taxation
Revenue and Taxation Code
Code)
Bradley-Burns Uniform
Local Sales and Use Tax Section 6487.1 of the
Law (commencing with Revenue and Taxation
Section 7200 of the Code
Revenue and Taxation
Code)
Transactions and Use
Tax Law (commencing Section 6487.1 of the
with Section 7251 of Revenue and Taxation
the Revenue and Code
Taxation Code)
Motor Vehicle Fuel
License Tax Law Section 7675.1 of the
(commencing with Revenue and Taxation
Section 7301 of the Code
Revenue and Taxation
Code)
Use Fuel Tax Law
(commencing with Section 8782.1 of the
Section 8601 of the Revenue and Taxation
Revenue and Taxation Code
Code)
Administration of
Franchise and Income
Tax Law Section 19517 of the
(commencing with Revenue and Taxation
Section 18401 of the Code
Revenue and Taxation
Code)
Cigarette Tax Law
(commencing with Section 30207.1 of
Section 30001 of the the Revenue and
Revenue and Taxation Taxation Code
Code)
Alcoholic Beverage Tax
Law (commencing with Section 32272.1 of
Section 32001 of the the Revenue and
Revenue and Taxation Taxation Code
Code)
Unemployment Insurance Section 1090 of the
Code Unemployment
Insurance Code
State Hospitals
(commencing with Section 7277.1 of the
Section 7200 of the Welfare and
Welfare and Institutions Code
Institutions Code)
Medi-Cal Act
(commencing with Section 9202 of the
Section 14000 of the Probate Code
Welfare and
Institutions Code)
Waxman-Duffy Prepaid
Health Plan Act
(commencing with Section 9202 of the
Section 14200 of the Probate Code
Welfare and
Institutions Code)
(a) If the trustee knows or has reason to believe that the
deceased settlor received health care under Chapter 7 (commencing
with Section 14000) or Chapter 8 (commencing with Section 14200) of
Part 3 of Division 9 of the Welfare and Institutions Code, or was the
surviving spouse of a person who received that health care, the
trustee shall give the State Director of Health Services notice of
the death of the deceased settlor or surviving spouse in the manner
provided in Section 215.
(b) The director has four months after notice is given in which to
file a claim.
If property in the trust is distributed before expiration of
the time allowed a public entity to file a claim, the public entity
has a claim against the distributees to the full extent of the public
entity's claim or each distributee's share of the distributed
property, as set forth in Section 19402, whichever is less. The
public entity's claim against distributees includes interest at a
rate equal to that specified in Section 19521 of the Revenue and
Taxation Code, from the date of distribution or the date of filing
the claim by the public entity, whichever is later, plus other
accruing costs as in the case of enforcement of a money judgment.
Nothing in this chapter shall be construed to affect the
order of priority of debts provided for under other provisions of
law.
This chapter does not apply to liability for the restitution
of amounts illegally acquired through the means of a fraudulent,
false, or incorrect representation, or a forged or unauthorized
endorsement.