(Enacted by … 43. PROBATE CODE DIVISION 1. The Supreme Court reversed based on Probate Code section 13554, which expressly makes CCP § 366.2 applicable to actions to enforce debts against surviving spouses, holding that in any conflict between the Family Law Code and the Probate Code, the Probate Code took precedence because it was both more recent and more specific. PART 1. (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. 13551. Section 13550 DIVISION 1. Cal. 13550. Upon the death of the Settlor, the Trust usually becomes irrevocable and is distributed pursuant to its instructions. Section 366.2 of the Code of Civil Procedure, Read this complete California Code, Probate Code - PROB § 13554 on Westlaw, industry-leading online legal research system, Survey Reveals Law Students Worry About Tuition Cost, Engagement During Pandemic, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, State Attorneys General File New Lawsuit Against Google Over Advertising Tactics. Board of Patent Appeals, Preamble Art. Code: Section: Keyword(s): Code Search Text Search. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ... 13550-13554. 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. New York Virginia Probate Code section 21308 contains a provision that tolls the time a potential will or trust contestant has to file a motion, petition, or other act until a declaratory relief action filed under Probate Code section 21320 can determine whether a particular motion, petition or other act by the beneficiary would be a contest within the terms of the instrument's no contest clause. Most Californian’s now use revocable trusts to transfer assets to the heirs thus avoiding the cost and public nature of probate. California Probate Code Sec. California Probate Code Section 13554. However, recovery under section 914 is limited by Probate Code section 13551 to the property the surviving spouse receives from the deceased spouse, and here the trial court found there wasn’t any. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION . PROBATE CODE SECTION 13550-13554 13550. VI - Prior Debts Code §§ 13550 and 13551, and Cal. Art VII - Ratification. Probate Code section 13554 expressly and specifically provided that the one-year limitations period of Code of Civil Procedure former section 353 (it now refers to Code Civ. All rights reserved. Sec. Read the code on FindLaw ), Alabama CALIFORNIA PROBATE CODE . Firefox, or The mother and sister have not challenged that finding by way of a protective cross-appeal, and, following what our Supreme Court said, in Collection Bureau of San Jose v. Art. It therefore prevailed. Pennsylvania 1, ante) is applicable to actions against a deceased debtor spouse, or derivatively, against the surviving spouse, for debts 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. 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 . (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. § 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: (c) Section 366.2 of the Code of Civil Procedure applies in an action under this section. Alaska § 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. It was both "more specific" and "more recent." For more detailed codes research information, including annotations and citations, please visit Westlaw. See our article Revocable Living Trusts, Why Use Them? California may have more current or accurate information. 43. CHAPTER 1. Disclaimer: These codes may not be the most recent version. Probate Code section 13554 then clarifies that these debts may be enforced against the surviving spouse in the same manner as they could have been enforced against the deceased spouse if he or she had not died. At that time, Probate Code Section 13554 and former CCP Section 353, when read together, provided that a suit against the surviving spouse for the decedent’s medical expenses had to be brought within one year of the date of death. Indiana General Provisions . CA Prob Code § 13552 (2017) 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: (h) This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator. See Cal. (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. Nevada California Probate Code Sec. California Probate Code PROB CA PROBATE Section 13554. Florida Section 13553. Michigan 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. Family Code section 914 derived from a statute passed in 1984; Probate Code section 13554 was enacted in 1990. Section 13554. Code of Civil Procedure section 366.2 and the case law interpreting it permits claims to be brought against the successor-in-interest or surviving spouse after the death of the deceased spouse, since Probate Code section 13554(c) expressly incorporates Code of Civil Procedure section 366.2 The personal representative shall have the authority to seek to enjoin any action of the lienholder to enforce a lien against property that is subject to the lien. Liability for Decedent’s Property . 178, Sec. Washington, US Supreme Court US Tax Court Arizona ... Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation . While most couples now utilize intervivos trusts to avoid the cost and delay of probate, for various reasons, including “not getting around to it,” many surviving spouses find themselves required to commence formal probate for all or much of the assets to be inherited from the spouse. New Jersey FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (a) Except as otherwise provided in this chapter, any debt described in CA Prob Code § 13550 through (2015) Leg Sess What's This? Ohio We recommend using Art. Internet Explorer 11 is no longer supported. California Probate Code Section 13550 CA Prob Code § 13550 (2017) 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. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. (Amended by Stats. Art. 13500-13506 ... 13550-13554. 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. Code § 13554. … California If the property vests in a person other than the surviving spouse or a minor child of the decedent, the probate court may set the homestead apart for the use of the surviving spouse or minor child in accordance with the Probate Code. California Probate Code Sec. 13000-13660. (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. Georgia 311.) Copyright © 2020, Thomson Reuters. Massachusetts Proc., § 366.2, see fn. Effective January 1, 1993. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. II - Executive Probate Code section 13554 then clarifies that these debts may be enforced against the surviving spouse in the same manner as they could have been enforced against the deceased spouse if he or she had not died. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION . V - Mode of Amendment 1-88. PROBATE CODE. Code: Section: Keyword(s): Code Search Text Search. Liability for Decedent’s Property . PRELIMINARY PROVISIONS AND DEFINITIONS . ... 13550-13554. IV - States' Relations Up^ Back To TOC DIVISION 8. 2017, Ch. Section 366.2 of the Code of Civil Procedure Art. CHAPTER 3.5. I - Legislative 1-13. 1992, Ch. PART 1. … (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. § 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 … Oregon (See Revenue and Taxation Code Section 13554). applies in an action under this section. (c)  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 (Amended by Stats. Section 366.2 of the Code of Civil Procedure does not apply to an action under this section. PRELIMINARY PROVISIONS AND DEFINITIONS ... Probate of Nondomiciliary Decedent's Will Admitted to Probate in Sister State or Foreign Nation ... 13550-13554 CHAPTER … 319, Sec. Probate Code section 21308 contains a provision that tolls the time a potential will or trust contestant has to file a motion, petition, or other act until a declaratory relief action filed under Probate Code section 21320 can determine whether a particular motion, petition or other act by the beneficiary would be a contest within the terms of the instrument s no contest clause. Prob. Google Chrome, Prob. North Carolina (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. 13554. Liability for … An act to amend Section 353 of, and repeal Section 353.5 of, the Code of Civil Procedure, and to amend Sections 551, 6611, 9053, 9103, 9201, 9391, 11429, 13109, 13156, 13204, and 13554 of, and add Section 9392 to, the Probate Code, relating to creditors of a decedent, and (Collection Bureau, supra, 24 Cal.4th at p. ( Id., § 13554, subd. The provisions of Probate Code section 13554, making the one-year limitations period of Code of Civil Procedure former section 353 applicable to proceedings on "any debt" (Prob. Begin typing to search, use arrow keys to navigate, use enter to select. 13500-13660. Texas PRELIMINARY PROVISIONS . Search California Codes. California Probate Code Section 13551 CA Prob Code § 13551 (2017) 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: (Ibid. III - Judicial Art. 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