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Cal. Prob. Code § 13551

Liability for Debts of Deceased Spouse

Applied in 2 court decisions — leading case 24 Cal. 4th 301 - Collection Bureau of San Jose v. Rumsey (2000)

Most recently applied in 189 Cal. App. 4th 1105 - Kircher v. Kircher (November 2010)

Amended by Stats. 2022, Ch. 29, Sec. 26

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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.