Title 19001 · CA

California Code, PROB 19001.

Citation: Cal. § PROB-19001

Section: PROB-19001

California Code, PROB 19001.

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Probate Code - PROB

DIVISION 9. TRUST LAW [15000 - 19530] Â Â ( Division 9 enacted by Stats. 1990, Ch. 79. ) Â Â PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] Â Â ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) Â Â

CHAPTER 1. General Provisions [19000 - 19012] Â Â ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )

  19001.  (a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor’s probate estate is inadequate to satisfy those claims and expenses. (b) The deceased settlor, by appropriate direction in the trust instrument, may direct the priority of sources of payment of debts among subtrusts or other gifts established by the trust at the deceased settlor’s death. Notwithstanding this subdivision, no direction by the settlor shall alter the priority of payment, from whatever source, of the matters set forth in Section 11420 which shall be applied to the trust as it applies to a probate estate. (Amended by Stats. 2015, Ch. 48, Sec. 2. (SB 785) Effective January 1, 2016.)