) Every claim allowed by the personal representative and approved by the Superior Court shall be ranked among the acknowledged debts of the estate, to be paid in due course of administration; but the validity thereof may be contested by any person in interest, at any time prior to the settlement of the account of the personal representative in which it is first reported as an allowed and approved claim, unless established by a judgment against the personal representative. The date of allowance of each claim, together with the amount allowed, must be entered in the record or register by the Clerk of the Superior Court after the allowance or approval thereof by the judge of the Superior Court.
(b) A claim of the surviving spouse filed pursuant to the provisions of Section 2513 or Section 2515 of this Title shall be allowed in that proportion allocated to the estate by Section 2741 of this Title and may be discharged by (1) payment to the surviving spouse, (2) payment to the creditors of the surviving spouse or deceased spouse as identified in the

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CH. 25 PRESENTATION AND PAYMENT OF CLAIMS AGAINST THE ESTATE

claim, or (3) a credit allowed the spouse in the order allocating debts pursuant to the provisions of Section 2741 of this Title.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 713. Subsection (b): California Probate Code, § 713.5.

COMMENT: Section 713.5 was added to the California Probate Code in 1975, as part of the ACommunity Property Set-Aside Law.@ That law is part of California’s
continuing efforts to rationalize its community property laws in all respects. Also see Comments to §§ 2513 and 2515, supra.