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, § 13550. DIVISION 8. Probate Code sections 13550 and 13551 make a ... Probate Code sections 13553 and 13554. 79.) August 13, 2020 Meeting Zoom Teleconference May 21, 2020 Meeting Zoom Teleconference May 30, 2019 Meeting in Sacramento December 7, 2018 Meeting in Sacramento … Tentative Rec. After one spouse dies with debt, Probate Code §§13550-13554 are the starting point for analysis of the liability of the surviving spouse. (b) The notice shall contain all of the following: California Probate Code Sec. [¶] (b) A claim that is not filed as provided in this part is barred from collection from trust assets. PROBATE CODE SECTION 13550-13554 13550. According to Probate Code section 13650, the spousal set aside procedure applies only to property or interests “passing to” or “belonging to” the surviving spouse. California Laws - Probate Code DIVISION 7. App. 13551. Probate Code section 19004, in turn, provides: "If the trustee files, publishes, and serves notice as set forth in [Probate Code] Section 19003, then: [¶] (a) All claims against the trust shall be filed in the manner and within the time provided in this part. Opinion for Massoyan v. Otto CA5 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. The trial court issued a tentative ruling on the motion, and after hearing oral argument adopted its tentative ruling, which states: “[Adelaide‟s] motion for determination that Probate Code sections 13550, et seq., do not apply to joint tenancy property is denied. California Codes > Probate Code > Division 8 - Disposition of Estate Without Administration, Florida Statutes > Chapter 735 - Probate Code: Small Estates, Iowa Code > Chapter 635 - Administration of Small Estates, Kansas Statutes > Chapter 59 > Article 32 - Simplified Estates Act, Kansas Statutes > Chapter 59 > Article 33 - Informal Administration Act, Nevada Revised Statutes > Chapter 146 - Support of Family; Small Estates, New York Laws > Surrogate's Court Procedure > Article 13 - Settlement of Small Estates Without Court Administration, North Carolina General Statutes > Chapter 28A > Article 25 - Small Estates, North Dakota Code > Chapter 30.1-23 - Collection by Affidavit - Administration for Small Estates, Rhode Island General Laws > Chapter 33-24 - Small Estates, Tennessee Code > Title 30 > Chapter 4 - Small Estates, Vermont Statutes > Title 14 > Chapter 81 - Small Estates, Washington Code > Chapter 11.62 - Small estates -- Disposition of property. Section 13550. In California, when no probate estate is opened, a surviving spouse is personally liable for the debts of a deceased spouse chargeable to both halves of the community property plus the separate property of the deceased spouse that has passed to the surviving spouse without administration. (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. This means that the surviving spouse steps into the shoes of the deceased spouse and you can enforce a debt against a surviving spouse in the exact same manner as if the deceased spouse was still alive. Microsoft Edge. Property from the Estate of Aaron Magidow, … 79. ) We affirm. However, the surviving spouse has the exact same right to assert any defense, cross-complaint … California Probate Code ... 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. Subject to certain exceptions and limitations, Probate Code sections 13550 and 13551 makes the surviving spouse liable for the debts of the deceased spouse , but only to the extent such debts are chargeable against the community property of both spouses and the separate property of the deceased spouse passing to the surviving spouse without formal probate administration. 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. Cal. Meeting Minutes. Top | CLRC Homepage. In estate planning and probate, one sees the intersection of family law on a frequent basis. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] PART 2. 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. Browse as List; Search Within; CHAPTER 1. Under Probate Code Sections 13550 and 13551, the surviving spouse’s liability extends to any property received from the decedent “without administration.” In 2010, a California appellate court considered the scope of this liability rule. Late last year, the California Court of Appeal (Div. App. Meeting Minutes. (Enacted by Stats. Therefore, neither Probate Code section 13550, et seq., nor Code of Civil Procedure section 366.2 can be limited to judgments, as the statute of limitations set for under Code of Civil Procedure section 366.2 does not apply only to claims associated with existing judgments. Probate Code § 13550 : California Probate Code — Disposition Of Estate Without Administration — Liability For Debts Of Deceased Spouse — Surviving spouse's liability. California Probate Code Section 13550. 79. ) Probate Code sections 13550 and 13551 make a ... Probate Code sections 13553 and 13554. Text; Current through the 2016 Legislative Session. Except as provided in Read this complete California Code, Probate Code - PROB § 13550 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Section 13551 Read the code on FindLaw , . Top | CLRC Homepage. August 13, 2020 Meeting Zoom Teleconference May 21, 2020 Meeting Zoom Teleconference May 30, 2019 Meeting in Sacramento December 7, 2018 Meeting in Sacramento … Except as provided in Sections 11446, 13552, 13553, … Bullis?s first amended complaint added allegations that no probate estate had been opened for Olson, and Hamilton was a potential heir or trust beneficiary to Olson?s trust.? Cal. In estate planning and probate, one sees the intersection of family law on a frequent basis. Section 13550. DIVISION 8. Read this complete California Code, Probate Code - PROB § 13050 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 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