California Probate Code

§ 13156

PROB § 13156 Effective Jan 1, 1993Div. 8 · Part 1 · Ch. 4

Statute text

(a)Subject to subdivisions (b), (c), and (d), the petitioner who receives the decedent’s property pursuant to an order under this chapter is personally liable for the unsecured debts of the decedent.

(b)The personal liability of any petitioner shall not exceed the fair market value at the date of the decedent’s death of the property received by that petitioner pursuant to an order under this chapter, less the amount of any liens and encumbrances on the property.

(c)In any action or proceeding based upon an unsecured debt of the decedent, the petitioner may assert any defense, cross-complaint, or setoff which would have been available to the decedent if the decedent had not died.

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Legislative history

Amended by Stats. 1992, Ch. 178, Sec. 41. Effective January 1, 1993.