(a) If the personal representative or the attorney for the personal representative is a creditor of the decedent, the clerk shall present the claim to the court or judge for approval or rejection. The court or judge may in its discretion require the creditor to file a petition and give notice of hearing.
(b) If the court or judge approves the claim, the claim is established and shall be included with other established claims to be paid in the course of administration.
(c) If the court or judge rejects the claim, the personal representative or attorney may bring an action against the estate. Summons shall be served on the judge, who shall appoint an attorney at the expense of the estate to defend the action.
(Enacted by Stats. 1990, Ch. 79.)
Last modified: October 25, 2018