PRELIMINARY PROVISIONS AND DEFINITIONS . North Carolina 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. California Probate Code Sec. PROB Code § 13550 - 13550. Michigan (c) Section 366.2 of the Code of Civil Procedure applies in an action under this section. (c)  It was both "more specific" and "more recent." III - Judicial 1992, Ch. PRELIMINARY PROVISIONS . PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION . See Cal. PART 1. Read the code on FindLaw California Probate Code Section 13554. I - Legislative II - Executive Code § 13554. New York (a) Except as otherwise provided in this chapter, any debt described in 1, ante) is applicable to actions against a deceased debtor spouse, or derivatively, against the surviving spouse, for debts California Probate Code PROB CA PROBATE Section 13554. 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 California Probate Code Sec. 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: 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. California Liability for … Board of Patent Appeals, Preamble 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: Liability for Decedent’s Property . Florida Alaska Section 13550 Disclaimer: These codes may not be the most recent version. Section 366.2 of the Code of Civil Procedure does not apply to an action under this section. Section 366.2 of the Code of Civil Procedure § 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 … FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Prob. 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. Georgia Upon the death of the Settlor, the Trust usually becomes irrevocable and is distributed pursuant to its instructions. CHAPTER 3.5. (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. Up^ Back To TOC PART 2. Art. PROBATE CODE SECTION 13550-13554 13550. TABLE OF CONTENTS. Microsoft Edge. Search California Codes. Up^ Back To TOC DIVISION 8. 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. (Amended by Stats. Art. (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. V - Mode of Amendment (See Revenue and Taxation Code Section 13554). See our article Revocable Living Trusts, Why Use Them? Firefox, or 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. Art. Begin typing to search, use arrow keys to navigate, use enter to select. PRELIMINARY PROVISIONS AND DEFINITIONS ... Probate of Nondomiciliary Decedent's Will Admitted to Probate in Sister State or Foreign Nation ... 13550-13554 CHAPTER … 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. 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. 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. 13500-13506 ... 13550-13554. General Provisions . Copyright © 2020, Thomson Reuters. PROBATE CODE DIVISION 1. 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 Illinois Family Code section 914 derived from a statute passed in 1984; Probate Code section 13554 was enacted in 1990. 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