§ 13204.5. — 13204.5. (Added by Stats. 2022, Ch. 29, Sec. 16.)

California § 13204.5.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 8.: DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION
• Part 1.: PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION
• Ch. 5.: CHAPTER 5. Affidavit Procedure for Real Property of Small Value

Text

(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 under this chapter 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 13204 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 13204 or 13205 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 13204 or 13205 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)
The transferee is not liable under this section if the transferee has satisfied the requirements of Section 13205.5 or 13206.

Legislative History

Added by Stats. 2022, Ch. 29, Sec. 16. (AB 1716) Effective January 1, 2023.