SECTIONS 13560-13564 - California Statutes

PROBATE CODE

SECTION 13560-13564

13560. For the purposes of this chapter, "decedent's property"
means the one-half of the community property that belongs to the
decedent under Section 100 and the one-half of the quasi-community
property that belongs to the decedent under Section 101.

13561. (a) If the decedent's property is in the possession or
control of the surviving spouse at the time of the decedent's death,
the surviving spouse is personally liable to the extent provided in
Section 13563 to any person having a superior right by testate
succession from the decedent.
(b) An action to impose liability under this section is forever
barred three years after the death of the decedent. The three-year
period specified in this subdivision is not tolled for any reason.

13562. (a) Subject to subdivisions (b), (c), and (d), if
proceedings for the administration of the decedent's estate are
commenced, the surviving spouse is liable for:
(1) The restitution to the decedent's estate of the decedent's
property if the surviving spouse still has the decedent's property,
together with (A) the net income the surviving spouse received from
the decedent's property and (B) if the surviving spouse encumbered
the decedent's property after the date of death, the amount necessary
to satisfy the balance of the encumbrance as of the date the
decedent's property is restored to the estate.
(2) The restitution to the decedent's estate of the fair market
value of the decedent's property if the surviving spouse no longer
has the decedent's property, together with (A) the net income the
surviving spouse received from the decedent's property prior to
disposing of it and (B) interest from the date of disposition at the
rate payable on a money judgment on the fair market value of the
decedent's property. For the purposes of this paragraph, the "fair
market value of the decedent's property" is the fair market value of
the decedent's property, determined as of the time of the disposition
of the decedent's property, less the amount of any liens and
encumbrances on the decedent's property at the time of the decedent's
death.
(b) Subject to subdivision (c), if proceedings for the
administration of the decedent's estate are commenced and the
surviving spouse made a significant improvement to the decedent's
property in the good faith belief that the surviving spouse was the
successor of the decedent to the decedent's property, the surviving
spouse is liable for whichever of the following the decedent's estate
elects:
(1) The restitution of the decedent's property, as improved, to
the estate of the decedent upon the condition that the estate
reimburse the surviving spouse for (A) the amount by which the
improvement increases the fair market value of the decedent's
property restored, valued as of the time of restitution, and (B) the
amount paid by the surviving spouse for principal and interest on any
liens or encumbrances that were on the decedent's property at the
time of the decedent's death.
(2) The restoration to the decedent's estate of the fair market
value of the decedent's property, valued as of the time of the
decedent's death, excluding the amount of any liens and encumbrances
on the decedent's property at that time, together with interest on
the net amount at the rate payable on a money judgment running from
the date of the decedent's death.
(c) The property and amount required to be restored to the estate
under this section shall be reduced by any property or amount paid by
the surviving spouse to satisfy a liability under Chapter 3
(commencing with Section 13550).
(d) An action to enforce the liability under this section may be
brought only by the personal representative of the estate of the
decedent. In an action to enforce the liability under this section,
the court's judgment may enforce the liability only to the extent
necessary to protect the interests of the heirs, devisees, and
creditors of the decedent.
(e) An action to enforce the liability under this section is
forever barred three years after the death of the decedent. The
three-year period specified in this subdivision is not tolled for any
reason.

13563. (a) The surviving spouse is not liable under Section 13561
if proceedings for the administration of the decedent's estate are
commenced and the surviving spouse satisfies the requirements of
Section 13562.
(b) The aggregate of the personal liability of the surviving
spouse under Section 13561 shall not exceed the sum of the following:
(1) The fair market value at the time of the decedent's death,
less the amount of any liens and encumbrances on the decedent's
property at that time, of the portion of the decedent's property that
passes to any person having a superior right by testate succession
from the decedent.
(2) The net income the surviving spouse received from the portion
of the decedent's property that passes to any person having a
superior right by testate succession from the decedent.
(3) If the decedent's property has been disposed of, interest on
the fair market value of the portion of the decedent's property that
passes to any person having a superior right by testate succession
from the decedent from the date of disposition at the rate payable on
a money judgment. For the purposes of this paragraph, "fair market
value" is fair market value, determined as of the time of disposition
of the decedent's property, less the amount of any liens and
encumbrances on the decedent's property at the time of the decedent's
death.

13564. The remedies available under Sections 13561 to 13563,
inclusive, are in addition to any remedies available by reason of any
fraud or intentional wrongdoing.