CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse

Chapter 3 enacted by Stats. 1990, Ch. 79.

§§ 11440–11446 · 7 sections

• § 11440 If it appears that a debt of the decedent has been paid or is payable in whole or in part by the surviving spouse, or that a debt of the surviving spouse has…
• § 11441 The petition shall include a statement of all of the following: (a) All debts of the decedent and surviving spouse known to the petitioner that are alleged to…
• § 11442 If it appears from the petition that allocation would be affected by the value of the separate property of the surviving spouse and any community property and…
• § 11443 The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of the petition and the order to show cause, if any.
• § 11444 (a) The personal representative and the surviving spouse may provide for allocation by agreement and, on a determination by the court that the agreement…
• § 11445 On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the personal representative to make payment of the…
• § 11446 Notwithstanding any other statute, funeral expenses and expenses of last illness shall be charged against the estate of the decedent and shall not be allocated…