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Section 19401 Of Chapter 12. Distributee Liability From California Probate Code >> Division 9. >> Part 8. >> Chapter 12.
19401
. 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.
(c) The statute of limitations applicable to the claim under Section 366.2 of the Code of Civil Procedure has not expired at the time of commencement of an action under this section.
(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.
(c) The statute of limitations applicable to the claim under Section 366.2 of the Code of Civil Procedure has not expired at the time of commencement of an action under this section.
