reglab/statecodes huggingface dataset:
2023 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.)
2023 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.)
2023 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 13202.5.

13202.5. For the purposes of this chapter, the following terms have the following meanings:
(a) “Transferee” means a person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202.
(b) “Transferred property” means property transferred to a transferee pursuant to a certified copy of an affidavit issued under Section 13202.
(c) “Unsecured debts” includes, but is not limited to, a decedent’s funeral expenses, expenses of a decedent’s last illness, and wage claims.
(Added by Stats. 2022, Ch. 29, Sec. 14. (AB 1716) Effective January 1, 2023.)
2023 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.)
2023 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. (a) A transferee is personally liable to the extent provided in this section for the unsecured debts of the decedent. That debt may be enforced against the transferee 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 transferee 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.
(b) The personal liability under subdivision (a) shall not exceed the fair market value of the transferred property at the time of the issuance of the certified copy of the affidavit under Section 13202, less the amount of any liens and encumbrances on the transferred property at that time, and less the amount of any payment made pursuant to subdivision (a) of Section 13205.
(c) The transferee is not liable under this section if the transferee has satisfied the requirements of Section 13204.5, 13205.5, or 13206.
(Amended by Stats. 2022, Ch. 29, Sec. 15. (AB 1716) Effective January 1, 2023.)
2023 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 13204.5.

13204.5. (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s unsecured debts.
(b) In calculating the transferee’s share of liability under subdivision (a), the abatement rules provided in Part 4 (commencing with Section 21400) of Division 11 shall be applied, using all of the following assumptions:
(1) Transferred property under this chapter shall be treated as if it had remained in the estate for administration.
(2) Any unsecured debts of the decedent that were paid by the transferee pursuant to Section 13204 shall be treated as if they were claims made against the decedent’s estate.
(c) The personal representative shall provide a written statement of liability to the transferee, which specifies the amount that must be paid to the estate.
(d) The transferee is personally liable to the estate for the amount specified in the statement of liability. Any amount that the transferee paid pursuant to Section 13204 or 13205 shall be credited against the amount that the transferee owes the estate under this subdivision. If the amount that the transferee paid pursuant to Section 13204 or 13205 exceeds the amount specified in the written statement of liability, the estate shall reimburse the difference to the transferee. For the purposes of Section 11420, that reimbursement shall be deemed an expense of administration.
(e) The reasonable cost of proceeding under this section shall be reimbursed as an extraordinary service under Sections 10801 and 10811. The transferee is liable for the payment of that cost, which shall be separately identified in the statement of liability.
(f) The transferee is not liable under this section if the transferee has satisfied the requirements of Section 13205.5 or 13206.
(Added by Stats. 2022, Ch. 29, Sec. 16. (AB 1716) Effective January 1, 2023.)
2023 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) A transferee is personally liable to any person having a superior right to transferred property by testate or intestate succession from the decedent. Except as provided in subdivision (d), the personal liability established by this subdivision shall not exceed the sum of the following, less the amount of any payment made pursuant to Section 13204 or 13204.5:
(1) The fair market value at the time of the issuance of the certified copy of the affidavit under Section 13202 of the transferred property, less the amount of any liens and encumbrances on the transferred property at that time.
(2) Income received from the property, if that income would have accrued to the estate had the property not been transferred to the transferee.
(3) If the property has been disposed of, interest on the fair market value of the transferred 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 transferred property” means the fair market value of the transferred property, determined as of the time of the disposition of the property, less the amount of any liens and encumbrances on the property at the time the certified copy of the affidavit was issued.
(b) In addition to any other liability the transferee has under this section and Sections 13204, 13204.5, 13206, and 13208, if the transferee fraudulently executed or filed the affidavit under this chapter, the transferee is liable to the person having a superior right to that property by testate or intestate succession from the decedent for three times the fair market value of the transferred property. For the purposes of this subdivision, the “fair market value of the transferred property” is the fair market value of the transferred property determined as of the time the certified copy of the affidavit was issued under Section 13202, less any liens and encumbrances on the transferred 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.
(d) The transferee is not liable under this section if the transferee has satisfied the requirements of Section 13205.5 or 13206.
(Amended by Stats. 2022, Ch. 29, Sec. 17. (AB 1716) Effective January 1, 2023.)
2023 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 13205.5.

13205.5. (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee may voluntarily return transferred property to the decedent’s estate for administration.
(b) The property to be restored to the estate under this section shall be reduced or increased as provided in Section 13208.5.
(Added by Stats. 2022, Ch. 29, Sec. 18. (AB 1716) Effective January 1, 2023.)
2023 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 13206, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
(Amended by Stats. 2022, Ch. 29, Sec. 22. (AB 1716) Effective January 1, 2023.)
2023 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 13208.5.

13208.5. (a) If the transferee’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the personal representative shall reimburse the transferee by the same amount. Actions or inaction that increase the value of returned property or decrease the estate’s obligations include, but are not necessarily limited to, the following actions:
(1) A payment toward an unsecured debt of the decedent.
(2) A payment toward a debt secured against the returned property.
(3) A significant improvement of the returned property that increased the fair market value of the property.
(b) If the transferee’s action or inaction decreased the value of property returned to the estate or increased the estate’s obligations, the transferee is personally liable to the estate for that amount. Actions or inaction that decrease the value of the returned property or increase the estate’s obligations include, but are not necessarily limited to, the following actions or inaction:
(1) An action or inaction that resulted in a lien or encumbrance being recorded against the property.
(2) The receipt of income from the property, if that income would have accrued to the estate had the property not been transferred to the transferee.
(c) The personal representative shall provide the transferee a written statement of any reimbursement or liability under this section, along with a statement of the reasons for the reimbursement or liability.
(d) For the purposes of Section 11420, reimbursement of the transferee under subdivision (a) shall be deemed an expense of administration.
(e) In the event that the transferee and the personal representative cannot agree on the reimbursement or liability due under this section, the transferee or personal representative may petition the court for an order determining the amount of the reimbursement or liability. In making a decision under this subdivision, the court should consider the surrounding circumstances, including whether the parties acted in good faith and whether a particular result would impose an unfair burden on the transferee or the estate.
(Added by Stats. 2022, Ch. 29, Sec. 23. (AB 1716) Effective January 1, 2023.)
2023 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 13209.

13209. If transferred property is returned to the estate under Sections 13205.5 or 13206, the value of that property shall be included in the total value of the estate, for all purposes.
(Added by Stats. 2022, Ch. 29, Sec. 24. (AB 1716) Effective January 1, 2023.)
2023 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.)
2023 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 or paragraph (2) of subdivision (c) of Section 13206, if it would be equitable to do so.
(Amended by Stats. 2022, Ch. 29, Sec. 25. (AB 1716) Effective January 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 13545.

13545. (a) After 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, assign, pledge, or otherwise deal with and dispose of community or quasi-community property securities registered in the name of the surviving spouse alone, and the right, title, and interest of any purchaser, assignee, encumbrancer, or other transferee shall be free of the rights of the estate of the deceased spouse or of devisees or creditors of the deceased spouse to the same extent as if the deceased spouse had not died.
(b) Nothing in this section affects or limits the liability of a surviving spouse under Sections 13550 to 13553, inclusive, and Chapter 3.5 (commencing with Section 13560).
(Added by Stats. 1991, Ch. 1055, Sec. 56.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3 - Liability for Debts of Deceased Spouse › Section 13550.

13550. Except as provided in Sections 11446, 13552, 13553, and 13554, upon the death of a married person, the surviving spouse is personally liable for the debts of the deceased spouse chargeable against the property described in Section 13551 to the extent provided in Section 13551.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3 - Liability for Debts of Deceased Spouse › Section 13551.

13551. The liability imposed by Section 13550 shall not exceed the fair market value at the date of the decedent’s death, less the amount of any liens and encumbrances, of the total of the following:
(a) The portion of the one-half of the community and quasi-community property belonging to the surviving spouse under Sections 100 and 101 that is not exempt from enforcement of a money judgment and is not administered in the estate of the deceased spouse.
(b) The portion of the one-half of the community and quasi-community property belonging to the decedent under Sections 100 and 101 that passes to the surviving spouse without administration under this part.
(c) The separate property of the decedent that passes to the surviving spouse without administration under this part.
(Amended by Stats. 2022, Ch. 29, Sec. 26. (AB 1716) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3 - Liability for Debts of Deceased Spouse › Section 13552.

13552. If proceedings are commenced in this state for the administration of the estate of the deceased spouse and the time for filing claims has commenced, any action upon the liability of the surviving spouse pursuant to Section 13550 is barred to the same extent as provided for claims under Part 4 (commencing with Section 9000) of Division 7, except as to the following:
(a) Creditors who commence judicial proceedings for the enforcement of the debt and serve the surviving spouse with the complaint therein prior to the expiration of the time for filing claims.
(b) Creditors who have or who secure the surviving spouse’s acknowledgment in writing of the liability of the surviving spouse for the debts.
(c) Creditors who file a timely claim in the proceedings for the administration of the estate of the deceased spouse.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3 - Liability for Debts of Deceased Spouse › Section 13553.

13553. The surviving spouse is not liable under this chapter if all the property described in paragraphs (1) and (2) of subdivision (a) of Section 13502 is administered under this code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3 - Liability for Debts of Deceased Spouse › Section 13554.

13554. (a) Except as otherwise provided in this chapter, any debt described in Section 13550 may be enforced against the surviving spouse in the same manner as it could have been enforced against the deceased spouse if the deceased spouse had not died.
(b) In any action or proceeding based upon the debt, the surviving spouse may assert any defense, cross-complaint, or setoff which would have been available to the deceased spouse if the deceased spouse had not died.
(c) Section 366.2 of the Code of Civil Procedure applies in an action under this section.
(Amended by Stats. 1992, Ch. 178, Sec. 43. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3.5 - Liability for Decedent s Property › Section 13560.

13560. For the purposes of this chapter, “decedent’s property” means the one-half of the community property that belongs to the decedent under Section 100 and the one-half of the quasi-community property that belongs to the decedent under Section 101.
(Added by Stats. 1991, Ch. 1055, Sec. 57.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3.5 - Liability for Decedent s Property › Section 13561.

13561. (a) If the decedent’s property is in the possession or control of the surviving spouse at the time of the decedent’s death, the surviving spouse is personally liable to the extent provided in Section 13563 to any person having a superior right by testate succession from the decedent.
(b) An action to impose liability under this section is forever barred three years after the death of the decedent. The three-year period specified in this subdivision is not tolled for any reason.
(Added by Stats. 1991, Ch. 1055, Sec. 57.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3.5 - Liability for Decedent s Property › Section 13563.

13563. (a) The surviving spouse is not liable under Section 13561 if proceedings for the administration of the decedent’s estate are commenced and the surviving spouse satisfies the requirements of Section 13562.
(b) The aggregate of the personal liability of the surviving spouse under Section 13561 shall not exceed the sum of the following:
(1) The fair market value at the time of the decedent’s death, less the amount of any liens and encumbrances on the decedent’s property at that time, of the portion of the decedent’s property that passes to any person having a superior right by testate succession from the decedent.
(2) The net income the surviving spouse received from the portion of the decedent’s property that passes to any person having a superior right by testate succession from the decedent.
(3) If the decedent’s property has been disposed of, interest on the fair market value of the portion of the decedent’s property that passes to any person having a superior right by testate succession from the decedent from the date of disposition at the rate of 7 percent per annum. For the purposes of this paragraph, “fair market value” is fair market value, determined as of the time of disposition of the decedent’s property, less the amount of any liens and encumbrances on the decedent’s property at the time of the decedent’s death.
(Amended by Stats. 2019, Ch. 122, Sec. 18. (AB 473) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3.5 - Liability for Decedent s Property › Section 13564.

13564. The remedies available under Sections 13561 to 13563, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
(Added by Stats. 1991, Ch. 1055, Sec. 57.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 3.5 - Liability for Decedent s Property › Section 13565.

13565. If the court finds that the surviving spouse has acted reasonably and in good faith under the circumstances as known to the surviving spouse, the court may, in its discretion, excuse the surviving spouse from liability to pay interest, in whole or in part, under paragraph (2) of subdivision (a) of Section 13562, paragraph (2) of subdivision (b) of Section 13562, or paragraph (3) of subdivision (b) of Section 13563, if it would be equitable to do so.
(Added by Stats. 2019, Ch. 122, Sec. 19. (AB 473) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 4 - Collection by Affidavit of Compensation Owed to Deceased Spouse › Section 13600.

13600. (a) At any time after a spouse dies, the surviving spouse or the guardian or conservator of the estate of the surviving spouse may, without procuring letters of administration or awaiting probate of the will, collect salary or other compensation owed by an employer for personal services of the deceased spouse, including compensation for unused vacation, not in excess of sixteen thousand six hundred twenty-five dollars ($16,625), as adjusted periodically in accordance with Section 890, net.
(b) Not more than sixteen thousand six hundred twenty-five dollars ($16,625), as adjusted periodically in accordance with Section 890, net in the aggregate may be collected by or for the surviving spouse under this chapter from all of the employers of the decedent.
(c) For the purposes of this chapter, a guardian or conservator of the estate of the surviving spouse may act on behalf of the surviving spouse without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending.
(d) The dollar limit set forth in subdivisions (a) and (b) does not apply to the surviving spouse or the guardian or conservator of the estate of the surviving spouse of a firefighter or peace officer described in subdivision (a) of Section 22820 of the Government Code.
(Amended by Stats. 2019, Ch. 122, Sec. 20. (AB 473) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 4 - Collection by Affidavit of Compensation Owed to Deceased Spouse › Section 13602.

13602. If the requirements of Section 13600 are satisfied, the employer to whom the affidavit or declaration is presented shall promptly pay the earnings of the decedent, including compensation for unused vacation, as provided in Section 13600, to the person presenting the affidavit or declaration.
(Amended by Stats. 2019, Ch. 122, Sec. 22. (AB 473) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 4 - Collection by Affidavit of Compensation Owed to Deceased Spouse › Section 13603.

13603. If the requirements of Section 13601 are satisfied, receipt by the employer of the affidavit or declaration constitutes sufficient acquittance for the compensation paid pursuant to this chapter and discharges the employer from any further liability with respect to the compensation paid. The employer may rely in good faith on the statements in the affidavit or declaration and has no duty to inquire into the truth of any statement in the affidavit or declaration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 4 - Collection by Affidavit of Compensation Owed to Deceased Spouse › Section 13604.

13604. (a) If the employer refuses to pay as required by this chapter, the surviving spouse may recover the amount the surviving spouse is entitled to receive under this chapter in an action brought for that purpose against the employer.
(b) If an action is brought against the employer under this section, the court shall award reasonable attorney’s fees to the surviving spouse if the court finds that the employer acted unreasonably in refusing to pay as required by this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 4 - Collection by Affidavit of Compensation Owed to Deceased Spouse › Section 13605.

13605. (a) Nothing in this chapter limits the rights of the heirs or devisees of the deceased spouse. Payment of a decedent’s compensation pursuant to this chapter does not preclude later proceedings for administration of the decedent’s estate.
(b) Any person to whom payment is made under this chapter is answerable and accountable therefor to the personal representative of the decedent’s estate and is liable for the amount of the payment to any other person having a superior right to the payment received. In addition to any other liability the person has under this section, a person who fraudulently secures a payment under this chapter is liable to a person having a superior right to the payment for three times the amount of the payment.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 4 - Collection by Affidavit of Compensation Owed to Deceased Spouse › Section 13606.

13606. The procedure provided in this chapter is in addition to, and not in lieu of, any other method of collecting compensation owed to a decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13650.

13650. (a) A surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file a petition in the superior court of the county in which the estate of the deceased spouse may be administered requesting an order that administration of all or part of the estate is not necessary for the reason that all or part of the estate is property passing to the surviving spouse. The petition may also request an order confirming the ownership of the surviving spouse of property belonging to the surviving spouse under Section 100 or 101.
(b) To the extent of the election, this section does not apply to property that the petitioner has elected, as provided in Section 13502, to have administered under this code.
(c) A guardian or conservator may file a petition under this section without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13652.

13652. If proceedings for the administration of the estate of the deceased spouse are pending, a petition under this chapter shall be filed in those proceedings without the payment of an additional fee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13653.

13653. If proceedings for the administration of the estate of the deceased spouse are not pending, a petition under this chapter may, but need not, be filed with a petition for probate of the will of the deceased spouse or for administration of the estate of the deceased spouse.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13654.

13654. The filing of a petition under this chapter does not preclude the court from admitting the will of the deceased spouse to probate or appointing a personal representative of the estate of the deceased spouse upon the petition of any person legally entitled, including any petition for probate of the will or for administration of the estate which is filed with a petition filed under this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13655.

13655. (a) If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouse’s will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
(2) All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b) The notice specified in subdivision (a) shall also be delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1) A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2) A devise for a charitable purpose without an identified devisee or beneficiary.
(Amended by Stats. 2017, Ch. 319, Sec. 85. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13656.

13656. (a) If the court finds that all of the estate of the deceased spouse is property passing to the surviving spouse, the court shall issue an order describing the property, determining that the property is property passing to the surviving spouse, and determining that no administration is necessary. The court may issue any further orders which may be necessary to cause delivery of the property or its proceeds to the surviving spouse.
(b) If the court finds that all or part of the estate of the deceased spouse is not property passing to the surviving spouse, the court shall issue an order (1) describing any property which is not property passing to the surviving spouse, determining that that property does not pass to the surviving spouse and determining that that property is subject to administration under this code and (2) describing the property, if any, which is property passing to the surviving spouse, determining that that property passes to the surviving spouse, and determining that no administration of that property is necessary. If the court determines that property passes to the surviving spouse, the court may issue any further orders which may be necessary to cause delivery of that property or its proceeds to the surviving spouse.
(c) If the petition filed under this chapter includes a description of the interest of the surviving spouse in the community or quasi-community property, or both, which belongs to the surviving spouse pursuant to Section 100 or 101 and the court finds that the interest belongs to the surviving spouse, the court shall issue an order describing the property and confirming the ownership of the surviving spouse and may issue any further orders which may be necessary to cause ownership of the property to be confirmed in the surviving spouse.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13657.

13657. Upon becoming final, an order under Section 13656 (1) determining that property is property passing to the surviving spouse or (2) confirming the ownership of the surviving spouse of property belonging to the surviving spouse under Section 100 or 101 shall be conclusive on all persons, whether or not they are in being.
(Enacted by Stats. 1990, Ch. 79.)