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.
Passage of Property to Surviving Spouse Without AdministrationLiability for Debts of Deceased Spouse
Section § 13550
When a married person dies, their surviving spouse is responsible for paying the deceased spouse's debts, but only from certain property outlined in another section. There are exceptions if other sections apply.
surviving spouse liability deceased spouse's debts property chargeable
Section § 13551
This law explains how much responsible the surviving spouse could be for the deceased spouse's debts. The financial responsibility is limited to the fair market value, minus any debts, of certain properties that pass directly to the spouse without going through a formal estate process. Specifically, it includes half of the community property and quasi-community property owned by the surviving spouse, and the decedent's community, quasi-community, and separate property that goes straight to the surviving spouse.
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)CA Probate Code § 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.
(b)CA Probate Code § 13551(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)CA Probate Code § 13551(c) The separate property of the decedent that passes to the surviving spouse without administration under this part.
surviving spouse liability decedent's debts community property
Section § 13552
If someone starts managing the estate of a deceased spouse in California and the period for filing claims against the estate has begun, suing the surviving spouse for debts is generally limited just like other claims. However, there are exceptions: creditors can still enforce debts if they file a lawsuit and serve the surviving spouse before the claim filing deadline, if the surviving spouse acknowledges the debt in writing, or if they file their claim on time during the estate administration process.
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)CA Probate Code § 13552(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)CA Probate Code § 13552(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)CA Probate Code § 13552(c) Creditors who file a timely claim in the proceedings for the administration of the estate of the deceased spouse.
estate administration surviving spouse liability deceased spouse debts
Section § 13553
This law says that if the property mentioned under certain conditions in Section 13502(a) is managed according to the rules in this code, then the surviving spouse does not have to take responsibility for it under this chapter.
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.
surviving spouse liability property administration Section 13502(a)
Section § 13554
If a person passes away, any debts they owed, as identified in Section 13550, can be pursued against their surviving spouse just like they could be against the deceased. These debts remain enforceable.
Furthermore, the surviving spouse has the right to use any legal defenses, counterclaims, or offsets that the deceased could have used if still alive. This means the spouse isn't without options to challenge the debt.
Finally, any action related to these debts must consider the time limits applied by Section 366.2 of the Code of Civil Procedure.
(a)CA Probate Code § 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)CA Probate Code § 13554(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)CA Probate Code § 13554(c) Section 366.2 of the Code of Civil Procedure applies in an action under this section.
surviving spouse debt liability enforcement of debt deceased spouse debt
