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Chapter 9. Claims Established By Judgment of California Probate Code >> Division 9. >> Part 8. >> Chapter 9.
(a) Except as provided in Section 19303, after the death of
the settlor all money judgments against the deceased settlor on a
claim against the deceased settlor or against the trustee on a claim
against the decedent or the trust estate are payable in the course of
administration and are not enforceable against property in the trust
estate of the deceased settlor under the Enforcement of Judgments
Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code
of Civil Procedure).
(b) Subject to Section 19301, a judgment referred to in subdivision (a) shall be filed in the same manner as other claims.
(b) Subject to Section 19301, a judgment referred to in subdivision (a) shall be filed in the same manner as other claims.
When a money judgment against a trustee in a representative
capacity becomes final, it conclusively establishes the validity of
the claim for the amount of the judgment. The judgment shall provide
that it is payable out of property in the deceased settlor's trust
estate in the course of administration. An abstract of the judgment
shall be filed in the trust administration proceedings.
(a) Notwithstanding the death of the settlor, a judgment for
possession of trust property or a judgment for sale of trust
property may be enforced under the Enforcement of Judgments Law
(Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure). Nothing in this subdivision authorizes enforcement
under the Enforcement of Judgments Law against any property in the
trust estate of the deceased settlor other than the property
described in the judgment for possession or sale.
(b) After the death of the settlor, a demand for money that is not satisfied from the trust property described in a judgment for sale of property shall be filed as a claim in the same manner as other claims and is payable in the course of administration.
(b) After the death of the settlor, a demand for money that is not satisfied from the trust property described in a judgment for sale of property shall be filed as a claim in the same manner as other claims and is payable in the course of administration.
If trust property of the deceased settlor is subject to an
execution lien at the time of the settlor's death, enforcement
against the property may proceed under the Enforcement of Judgments
Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code
of Civil Procedure) to satisfy the judgment. The levying officer, as
defined in Section 680.260 of the Code of Civil Procedure, shall
account to the trustee for any surplus. If the judgment is not
satisfied, the balance of the judgment remaining unsatisfied is
payable in the course of administration.
(a) An attachment lien may be converted into a judgment lien
on property in the trust estate subject to the attachment lien, with
the same priority as the attachment lien, in either of the following
cases:
(1) Where the judgment debtor dies after entry of judgment in an action in which the property was attached.
(2) Where a judgment is entered after the death of the defendant in an action in which the property was attached.
(b) To convert the attachment lien into a judgment lien, the levying officer shall, after entry of judgment in the action in which the property was attached and before the expiration of the attachment lien, do one of the following:
(1) Serve an abstract of the judgment, and a notice that the attachment lien has become a judgment lien, on the trustee or other person holding property subject to the attachment lien.
(2) Record or file in any office where the writ of attachment and notice of attachment are recorded or filed an abstract of the judgment and a notice that the attachment lien has become a judgment lien. If the attached property is real property, the plaintiff or the plaintiff's attorney may record the required abstract and notice with the same effect as if recorded by the levying officer.
(c) After the death of the settlor, any members of the deceased settlor's family who were supported in whole or in part by the deceased settlor may claim an exemption provided in Section 487.020 of the Code of Civil Procedure for property levied on under the writ of attachment if the right to the exemption exists at the time the exemption is claimed. The trustee may claim the exemption on behalf of members of the deceased settlor's family. The claim of exemption may be made at any time before the time the abstract and notice are served, recorded, or filed under subdivision (b) with respect to the property claimed to be exempt. The claim of exemption shall be made in the same manner as an exemption is claimed under Section 482.100 of the Code of Civil Procedure.
(1) Where the judgment debtor dies after entry of judgment in an action in which the property was attached.
(2) Where a judgment is entered after the death of the defendant in an action in which the property was attached.
(b) To convert the attachment lien into a judgment lien, the levying officer shall, after entry of judgment in the action in which the property was attached and before the expiration of the attachment lien, do one of the following:
(1) Serve an abstract of the judgment, and a notice that the attachment lien has become a judgment lien, on the trustee or other person holding property subject to the attachment lien.
(2) Record or file in any office where the writ of attachment and notice of attachment are recorded or filed an abstract of the judgment and a notice that the attachment lien has become a judgment lien. If the attached property is real property, the plaintiff or the plaintiff's attorney may record the required abstract and notice with the same effect as if recorded by the levying officer.
(c) After the death of the settlor, any members of the deceased settlor's family who were supported in whole or in part by the deceased settlor may claim an exemption provided in Section 487.020 of the Code of Civil Procedure for property levied on under the writ of attachment if the right to the exemption exists at the time the exemption is claimed. The trustee may claim the exemption on behalf of members of the deceased settlor's family. The claim of exemption may be made at any time before the time the abstract and notice are served, recorded, or filed under subdivision (b) with respect to the property claimed to be exempt. The claim of exemption shall be made in the same manner as an exemption is claimed under Section 482.100 of the Code of Civil Procedure.
