California Probate Code

§ 13110

PROB § 13110 Effective Jan 1, 2023Div. 8 · Part 1 · Ch. 3

Statute text

(a)Except as provided in subdivision (b), a transferee is personally liable to any person having a superior right to the transferred property by testate or intestate succession from the decedent. Except as provided in subdivision (b), the personal liability established by this subdivision shall not exceed the sum of the following, less the amount of any payment made pursuant to Section 13109 or 13109.5:

(1)The fair market value of the transferred property at the time the affidavit or declaration is presented under this chapter, less the amount of any liens and encumbrances on the transferred property at that time.

(2)Income received from the property, if that income would have accrued to the estate had the property not been transferred to the transferee.

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Legislative history

Amended by Stats. 2022, Ch. 29, Sec. 5. (AB 1716) Effective January 1, 2023.