BlackletterCalifornia law

Probate Code § 19326

CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse

Current as of September 28, 2026Prob. Code, § 19326Official source ↗

Added by Stats. 1991, Ch. 992, Sec. 3.

Notwithstanding any other statute, funeral expenses and expenses of last illness, in the absence of specific provisions in a will or trust to the contrary, shall be charged against the deceased settlor’s probate estate and thereafter, against the deceased settlor’s share of the trust and shall not be allocated to or charged against, the community share of the surviving spouse, whether or not the surviving spouse is financially able to pay the expenses and whether or not the surviving spouse or any other person is also liable for the expenses.