Section 9354 Of Article 1. Claim Where No Pending Action Or Proceeding From California Probate Code >> Division 7. >> Part 4. >> Chapter 8. >> Article 1.
9354
. (a) In addition to any other county in which an action may be
commenced, an action on the claim may be commenced in the county in
which the proceeding for administration of the decedent's estate is
pending.
(b) The plaintiff shall file a notice of the pendency of the
action with the court clerk in the estate proceeding, together with
proof of giving a copy of the notice to the personal representative
as provided in Section 1215. Personal service of a copy of the
summons and complaint on the personal representative is equivalent to
the filing and giving of the notice. Any property distributed under
court order, or any payment properly made, before the notice is filed
and given is not subject to the claim. The personal representative,
distributee, or payee is not liable on account of the prior
distribution or payment.
(c) The prevailing party in the action shall be awarded court
costs and, if the court determines that the prosecution or defense of
the action against the prevailing party was unreasonable, the
prevailing party shall be awarded reasonable litigation expenses,
including attorney's fees.