§ 13109.5. — 13109.5. (Added by Stats. 2022, Ch. 29, Sec. 4.)

(a)
If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s unsecured debts.
(b)
In calculating the transferee’s share of liability under subdivision (a), the abatement rules provided in Part 4 (commencing with Section 21400) of Division 11 shall be applied, using all of the following assumptions:
(1)
Transferred property shall be treated as if it had remained in the estate for administration.
(2)
Any unsecured debts of the decedent that were paid by
the transferee pursuant to Section 13109 shall be treated as if they
were claims made against the decedent’s estate.
(c)
The personal representative shall provide a written statement of liability to the transferee, which specifies the amount that must be paid to the estate.
(d)
The transferee is personally liable to the estate for the amount specified in the statement of liability. Any amount that the transferee paid pursuant to Section 13109 or 13110 shall be credited against the amount that the transferee owes the estate under this subdivision. If the amount that the transferee paid pursuant to Section 13109 or 13110 exceeds the amount specified in the written statement of liability, the estate shall reimburse the difference to the transferee. For the purposes of Section 11420, that reimbursement shall be deemed an expense of
administration.
(e)
The reasonable cost of proceeding under this section shall be reimbursed as an extraordinary service under Sections 10801 and 10811. The transferee is liable for the payment of that cost, which shall be separately identified in the statement of liability.
(f)
A transferee is not liable under this section if the transferee has satisfied the requirements of Section 13110.5 or 13111.

Legislative History

Added by Stats. 2022, Ch. 29, Sec. 4. (AB 1716) Effective January 1, 2023.