PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500. - 13660.]

Part 2 enacted by Stats. 1990, Ch. 79.

§§ 13500–13660 · 41 sections

1. CHAPTER 1. General Provisions §§ 13500–13506 · 8 sections

   • § 13500 Except as provided in this chapter, when a spouse dies intestate leaving property that passes to the surviving spouse under Section 6401, or dies testate and…
   • § 13501 Except as provided in Chapter 6 (commencing with Section 6600) of Division 6 and in Part 1 (commencing with Section 13000) of this division, the following…
   • § 13502 (a) Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all…
   • § 13502.5 (a) Upon a petition by the personal representative of a decedent and a showing of good cause, the court may order that a pecuniary devise to the surviving…
   • § 13503 (a) The surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file an election and…
   • § 13504 Notwithstanding the provisions of this part, community property held in a revocable trust described in Section 761 of the Family Code is governed by the…
   • § 13505 This part applies whether the deceased spouse died before, on, or after July 1, 1987.
   • § 13506 A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 202 to 206, inclusive, of the…
2. CHAPTER 2. Right of Surviving Spouse to Dispose of Property §§ 13540–13545 · 4 sections

   • § 13540 (a) Except as provided in Section 13541, after 40 days from the death of a spouse, the surviving spouse or the personal representative, guardian of the estate,…
   • § 13541 (a) Section 13540 does not apply to a sale, conveyance, lease, mortgage, or other disposition that takes place after a notice that satisfies the requirements…
   • § 13542 The repeal of former Section 649.2 by Chapter 783 of the Statutes of 1986 does not affect any sale, lease, mortgage, or other transaction or disposition of…
   • § 13545 (a) After the death of a spouse, the surviving spouse, or the personal representative, guardian of the estate, or conservator of the estate of the surviving…
3. CHAPTER 3. Liability for Debts of Deceased Spouse §§ 13550–13554 · 5 sections

   • § 13550 Except as provided in Sections 11446, 13552, 13553, and 13554, upon the death of a married person, the surviving spouse is personally liable for the debts of…
   • § 13551 The liability imposed by Section 13550 shall not exceed the fair market value at the date of the decedent’s death, less the amount of any liens and…
   • § 13552 If proceedings are commenced in this state for the administration of the estate of the deceased spouse and the time for filing claims has commenced, any action…
   • § 13553 The surviving spouse is not liable under this chapter if all the property described in paragraphs (1) and (2) of subdivision (a) of Section 13502 is…
   • § 13554 (a) Except as otherwise provided in this chapter, any debt described in Section 13550 may be enforced against the surviving spouse in the same manner as it…
4. CHAPTER 3.5. Liability for Decedent’s Property §§ 13560–13565 · 6 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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.
   • § 13565 If the court finds that the surviving spouse has acted reasonably and in good faith under the circumstances as known to the surviving spouse, the court may, in…
5. CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse §§ 13600–13606 · 7 sections

   • § 13600 (a) At any time after a spouse dies, the surviving spouse or the guardian or conservator of the estate of the surviving spouse may, without procuring letters…
   • § 13601 (a) To collect salary or other compensation under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be…
   • § 13602 If the requirements of Section 13600 are satisfied, the employer to whom the affidavit or declaration is presented shall promptly pay the earnings of the…
   • § 13603 If the requirements of Section 13601 are satisfied, receipt by the employer of the affidavit or declaration constitutes sufficient acquittance for the…
   • § 13604 (a) If the employer refuses to pay as required by this chapter, the surviving spouse may recover the amount the surviving spouse is entitled to receive under…
   • § 13605 (a) Nothing in this chapter limits the rights of the heirs or devisees of the deceased spouse. Payment of a decedent’s compensation pursuant to this chapter…
   • § 13606 The procedure provided in this chapter is in addition to, and not in lieu of, any other method of collecting compensation owed to a decedent.
6. CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse §§ 13650–13660 · 11 sections

   • § 13650 (a) A surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file a petition in the…
   • § 13651 (a) A petition filed pursuant to Section 13650 shall allege that administration of all or a part of the estate of the deceased spouse is not necessary for the…
   • § 13652 If proceedings for the administration of the estate of the deceased spouse are pending, a petition under this chapter shall be filed in those proceedings…
   • § 13653 If proceedings for the administration of the estate of the deceased spouse are not pending, a petition under this chapter may, but need not, be filed with a…
   • § 13654 The filing of a petition under this chapter does not preclude the court from admitting the will of the deceased spouse to probate or appointing a personal…
   • § 13655 (a) If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the…
   • § 13656 (a) If the court finds that all of the estate of the deceased spouse is property passing to the surviving spouse, the court shall issue an order describing the…
   • § 13657 Upon becoming final, an order under Section 13656 (1) determining that property is property passing to the surviving spouse or (2) confirming the ownership of…
   • § 13658 If the court determines that all or a part of the property passing to the surviving spouse consists of an unincorporated business or an interest in an…
   • § 13659 Except as provided in Section 13658, no inventory and appraisal of the estate of the deceased spouse is required in a proceeding under this chapter. However,…
   • § 13660 The attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter shall be determined by…