As used in this part:
(a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:
(1) Liability of the deceased settlor, whether arising in contract, tort, or otherwise.
(2) Liability for taxes incurred before the deceased settlor’s death, whether assessed before or after the deceased settlor’s death, other than property taxes and assessments secured by real property liens.
(3) Liability for the funeral expenses of the deceased settlor.
(b) “Claim” does not include a dispute regarding title to specific property alleged to be included in the trust estate.
(c) “Creditor” means a person who may have a claim against the trust property.
(d) “Trust” means a trust described in Section 18200, or, if a portion of a trust, that portion that remained subject to the power of revocation at the deceased settlor’s death.
(e) “Deceased settlor” means a deceased person who, at the time of his or her death, held the power to revoke the trust in whole or in part.
(f) “Debts” means all claims, as defined in subdivision (a), all expenses of administration, and all other proper charges against the trust estate, including taxes.
(g) “Probate estate” means a decedent’s estate subject to administration pursuant to Division 7 (commencing with Section 7000).
(h) “Trust estate” means a decedent’s property, real and personal, that is titled in the name of the trustee of the deceased settlor’s trust or confirmed by order of the court to the trustee of the deceased settlor’s trust.
(Amended by Stats. 2015, Ch. 48, Sec. 1. (SB 785) Effective January 1, 2016.)
Last modified: October 25, 2018