No Creditor’s Claim Required.

The executor of an estate filed a petition confirming the sale of decedent’s real property.  California Regional Water Quality Control Board filed an objection without filing a Creditor’s Claim because the proceeds were subject to a stipulated court order that required the property owner to remediate a waste landfill. The executor argued the Water Board was barred because it failed to file a creditor’s claim under Probate Code section 9100. Affirming, the appellate court agreed with the trial court that the sale proceeds were subject to payment under a court order, explaining:  “In sum, respondents are not creditors of either estate to whom a debt is owed and they are not making a demand for another’s benefit, as they are not demanding the payment of money to a creditor. Neither are they asserting that an obligation created by statute is exempt from the claims filing requirement. Instead, they simply are seeking to enforce the requirement in the Remediation Order that the assets pledged to satisfy the financial assurances requirement be used for that purpose.” Estate of Rudy Bonzi  (Cal. App. Fifth Dist.; May 30, 2013) 216 Cal.App.4th 1085.