reglab/housing_qa huggingface dataset:
CA Prob Code § 13155 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 4 - Court Order Determining Succession to Property|Section 13155.

13155.  Upon becoming final, an order under this chapter determining that property is property passing to the petitioner is conclusive on all persons, whether or not they are in being.(Amended by Stats. 1991, Ch. 1055, Sec. 46.)
CA Prob Code § 13156 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 4 - Court Order Determining Succession to Property|Section 13156.

13156.  (a) Subject to subdivisions (b), (c), and (d), the petitioner who receives the decedent’s property pursuant to an order under this chapter is personally liable for the unsecured debts of the decedent.(b) The personal liability of any petitioner shall not exceed the fair market value at the date of the decedent’s death of the property received by that petitioner pursuant to an order under this chapter, less the amount of any liens and encumbrances on the property.(c) In any action or proceeding based upon an unsecured debt of the decedent, the petitioner may assert any defense, cross-complaint, or setoff which would have been available to the decedent if the decedent had not died.(d) Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7.(e) Section 366.2 of the Code of Civil Procedure applies in an action under this section.(Amended by Stats. 1992, Ch. 178, Sec. 41. Effective January 1, 1993.)
CA Prob Code § 13157 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 4 - Court Order Determining Succession to Property|Section 13157.

13157.  The attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined by private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13158 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 4 - Court Order Determining Succession to Property|Section 13158.

13158.  Nothing in this chapter excuses compliance with Chapter 3 (commencing with Section 13100) by the holder of the decedent’s personal property if an affidavit or declaration is furnished as provided in that chapter.(Added by Stats. 1991, Ch. 1055, Sec. 47.)
CA Prob Code § 13201 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 5 - Affidavit Procedure for Real Property of Small Value|Section 13201.

13201.  Notwithstanding any other provision of law, the total fee for the filing of an affidavit under Section 13200 and the issuance of one certified copy of the affidavit under Section 13202 is as provided in subdivision (b) of Section 70626 of the Government Code.(Amended by Stats. 2005, Ch. 75, Sec. 150. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
CA Prob Code § 13202 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 5 - Affidavit Procedure for Real Property of Small Value|Section 13202.

13202.  Upon receipt of the affidavit and the required fee, the court clerk, upon determining that the affidavit is complete and has the required attachments, shall file the affidavit and attachments and shall issue a certified copy of the affidavit without the attachments. The certified copy shall be recorded in the office of the county recorder of the county where the real property is located. The county recorder shall index the certified copy in the index of grantors and grantees. The decedent shall be indexed as the grantor and each person designated as a successor to the property in the certified copy shall be indexed as a grantee.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13203 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 5 - Affidavit Procedure for Real Property of Small Value|Section 13203.

13203.  (a) A person acting in good faith and for a valuable consideration with a person designated as a successor of the decedent to a particular item of property in a certified copy of an affidavit issued under Section 13202 and recorded in the county in which the real property is located has the same rights and protections as the person would have if each person designated as a successor in the recorded certified copy of the affidavit had been named as a distributee of the real property in an order for distribution that had become final.(b) The issuance and recording of a certified copy of an affidavit under this chapter does not preclude later proceedings for administration of the decedent’s estate.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13204 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 5 - Affidavit Procedure for Real Property of Small Value|Section 13204.

13204.  Each person who is designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202 is personally liable to the extent provided in Section 13207 for the unsecured debts of the decedent. Any such debt may be enforced against the person in the same manner as it could have been enforced against the decedent if the decedent had not died. In any action based upon the debt, the person may assert any defense, cross-complaint, or setoff that would have been available to the decedent if the decedent had not died. Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7. Section 366.2 of the Code of Civil Procedure applies in an action under this section.(Amended by Stats. 1992, Ch. 178, Sec. 42. Effective January 1, 1993.)
CA Prob Code § 13205 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 5 - Affidavit Procedure for Real Property of Small Value|Section 13205.

13205.  (a) Except as provided in subdivision (b), each person who is designated as a successor of the decedent in a certified copy of any affidavit issued under Section 13202 is personally liable to the extent provided in Section 13207 to any person having a superior right by testate or intestate succession from the decedent. (b) In addition to any other liability the person has under this section and Sections 13204, 13206, and 13207, if the person fraudulently executed or filed the affidavit under this chapter, the person is liable to the person having a superior right for three times the fair market value of the property. For the purposes of this subdivision, the “fair market value of the property” is the fair market value, determined as of the time the certified copy of the affidavit was issued under Section 13202, of the property the person liable took under the certified copy of the affidavit to which the other person has a superior right, less any liens and encumbrances on the property at that time. (c) An action to impose liability under this section is forever barred three years after the certified copy of the affidavit is issued under Section 13202, or three years after the discovery of the fraud, whichever is later. The three-year period specified in this subdivision is not tolled for any reason.(Amended by Stats. 1991, Ch. 1055, Sec. 49.)
CA Prob Code § 13207 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 5 - Affidavit Procedure for Real Property of Small Value|Section 13207.

13207.  (a) A person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202 is not liable under Section 13204 or 13205 if proceedings for the administration of the decedent’s estate are commenced, or if the decedent’s personal representative has consented to use of the procedure provided by this chapter and the personal representative later requests that the property be restored to the estate, and the person satisfies the requirements of Section 13206.(b) Except as provided in subdivision (b) of Section 13205, the aggregate of the personal liability of a person under Sections 13204 and 13205 shall not exceed the sum of the following:(1) The fair market value at the time of the issuance of the certified copy of the affidavit under Section 13202 of the decedent’s property received by that person under this chapter, less the amount of any liens and encumbrances on the property at that time.(2) The net income the person received from the property.(3) If the property has been disposed of, interest on the fair market value of the property from the date of disposition at the rate of 7 percent per annum. For the purposes of this paragraph, “fair market value of the property” has the same meaning as defined in paragraph (2) of subdivision (a) of Section 13206.(Amended by Stats. 2019, Ch. 122, Sec. 15. (AB 473) Effective January 1, 2020.)
CA Prob Code § 13208 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 5 - Affidavit Procedure for Real Property of Small Value|Section 13208.

13208.  The remedies available under Sections 13204 to 13207, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13210 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 5 - Affidavit Procedure for Real Property of Small Value|Section 13210.

13210.  The procedure provided by this chapter may be used only if one of the following requirements is satisfied:(a) No proceeding for the administration of the decedent’s estate is pending or has been conducted in this state. (b) The decedent’s personal representative consents in writing to use of the procedure provided by this chapter.(Added by Stats. 1991, Ch. 1055, Sec. 52.)
CA Prob Code § 13211 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 5 - Affidavit Procedure for Real Property of Small Value|Section 13211.

13211.  If the court finds that a person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202 has acted reasonably and in good faith under the circumstances as known to the person, the court may, in its discretion, excuse the person from liability to pay interest, in whole or in part, under paragraph (2) of subdivision (a) of Section 13206, paragraph (2) of subdivision (c) of Section 13206, or paragraph (3) of subdivision (b) of Section 13207, if it would be equitable to do so.(Added by Stats. 2019, Ch. 122, Sec. 16. (AB 473) Effective January 1, 2020.)
CA Prob Code § 13500 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 1 - General Provisions|Section 13500.

13500.  Except as provided in this chapter, when a spouse dies intestate leaving property that passes to the surviving spouse under Section 6401, or dies testate and by his or her will devises all or a part of his or her property to the surviving spouse, the property passes to the survivor subject to the provisions of Chapter 2 (commencing with Section 13540) and Chapter 3 (commencing with Section 13550), and no administration is necessary.(Amended by Stats. 2016, Ch. 50, Sec. 89. (SB 1005) Effective January 1, 2017.)
CA Prob Code § 13501 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 1 - General Provisions|Section 13501.

13501.  Except as provided in Chapter 6 (commencing with Section 6600) of Division 6 and in Part 1 (commencing with Section 13000) of this division, the following property of the decedent is subject to administration under this code:(a) Property passing to someone other than the surviving spouse under the decedent’s will or by intestate succession.(b) Property disposed of in trust under the decedent’s will.(c) Property in which the decedent’s will limits the surviving spouse to a qualified ownership. For the purposes of this subdivision, a devise to the surviving spouse that is conditioned on the spouse surviving the decedent by a specified period of time is not a “qualified ownership” interest if the specified period of time has expired.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13502 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 1 - General Provisions|Section 13502.

13502.  (a) Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all or a portion of the following property may be administered under this code:(1) The one-half of the community property that belongs to the decedent under Section 100, the one-half of the quasi-community property that belongs to the decedent under Section 101, and the separate property of the decedent.(2) The one-half of the community property that belongs to the surviving spouse under Section 100 and the one-half of the quasi-community property that belongs to the surviving spouse under Section 101.(b) The election shall be made by a writing specifically evidencing the election filed in the proceedings for the administration of the estate of the deceased spouse within four months after the issuance of letters, or within any further time that the court may allow upon a showing of good cause, and before entry of an order under Section 13656.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13502.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 1 - General Provisions|Section 13502.5.

13502.5.  (a) Upon a petition by the personal representative of a decedent and a showing of good cause, the court may order that a pecuniary devise to the surviving spouse, or a fractional interest passing to the surviving spouse in any property in which the remaining fraction is subject to the administration, may be administered under this code, except to the extent that it has passed by inheritance as determined by an order pursuant to Chapter 5 (commencing with Section 13650).(b) Notice of this petition shall be given as provided in Section 1220 to the person designated in that section and to the surviving spouse.(Added by Stats. 1992, Ch. 871, Sec. 16. Effective January 1, 1993.)
CA Prob Code § 13503 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 1 - General Provisions|Section 13503.

13503.  (a) The surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file an election and agreement to have all or part of the one-half of the community property that belongs to the surviving spouse under Section 100 and the one-half of the quasi-community property that belongs to the surviving spouse under Section 101 transferred by the surviving spouse or the surviving spouse’s personal representative, guardian, or conservator to the trustee under the will of the deceased spouse or the trustee of an existing trust identified by the will of the deceased spouse, to be administered and distributed by the trustee.(b) The election and agreement shall be filed in the proceedings for the administration of the estate of the deceased spouse and before the entry of the order for final distribution in the proceedings.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13504 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 1 - General Provisions|Section 13504.

13504.  Notwithstanding the provisions of this part, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any, in the trust for disposition in the event of death.(Amended by Stats. 1994, Ch. 1269, Sec. 61.6. Effective January 1, 1995.)
CA Prob Code § 13505 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 1 - General Provisions|Section 13505.

13505.  This part applies whether the deceased spouse died before, on, or after July 1, 1987.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13506 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 1 - General Provisions|Section 13506.

13506.  A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 202 to 206, inclusive, of the Probate Code (as repealed by Chapter 527 of the Statutes of 1984) or former Sections 649.1 to 649.5, inclusive, or Sections 650 to 658, inclusive, of the Probate Code (as repealed by Chapter 783 of the Statutes of 1986) shall be deemed to be a reference to the comparable provision of this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13540 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 2 - Right of Surviving Spouse to Dispose of Property|Section 13540.

13540.  (a) Except as provided in Section 13541, after 40 days from the death of a spouse, the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse has full power to sell, convey, lease, mortgage, or otherwise deal with and dispose of the community or quasi-community real property, and the right, title, and interest of any grantee, purchaser, encumbrancer, or lessee shall be free of rights of the estate of the deceased spouse or of devisees or creditors of the deceased spouse to the same extent as if the property had been owned as the separate property of the surviving spouse. (b) The surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may record, prior to or together with the instrument that makes a disposition of property under this section, an affidavit of the facts that establish the right of the surviving spouse to make the disposition.(c) Nothing in this section affects or limits the liability of the surviving spouse under Sections 13550 to 13553, inclusive, and Chapter 3.5 (commencing with Section 13560).(Amended by Stats. 1994, Ch. 806, Sec. 36. Effective January 1, 1995.)
CA Prob Code § 13541 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 2 - Right of Surviving Spouse to Dispose of Property|Section 13541.

13541.  (a) Section 13540 does not apply to a sale, conveyance, lease, mortgage, or other disposition that takes place after a notice that satisfies the requirements of this section is recorded in the office of the county recorder of the county in which real property is located. (b) The notice shall contain all of the following: (1) A description of the real property in which an interest is claimed. (2) A statement that an interest in the property is claimed by a named person under the will of the deceased spouse. (3) The name or names of the owner or owners of the record title to the property. (c) There shall be endorsed on the notice instructions that it shall be indexed by the recorder in the name or names of the owner or owners of record title to the property, as grantor or grantors, and in the name of the person claiming an interest in the property, as grantee. (d) A person shall not record a notice under this section for the purpose of slandering title to the property. If the court in an action or proceeding relating to the rights of the parties determines that a person recorded a notice under this section for the purpose of slandering title, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the recording.(Amended by Stats. 1991, Ch. 1055, Sec. 55.)
CA Prob Code § 13542 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION|CHAPTER 2 - Right of Surviving Spouse to Dispose of Property|Section 13542.

13542.  The repeal of former Section 649.2 by Chapter 783 of the Statutes of 1986 does not affect any sale, lease, mortgage, or other transaction or disposition of real property made prior to July 1, 1987, to which that section applied, and such a sale, lease, mortgage, or other transaction or disposition shall continue to be governed by the provisions of former Section 649.2 notwithstanding the repeal of that section.(Enacted by Stats. 1990, Ch. 79.)