California Law (Last Updated: March 4, 2014) |
Probate Code - PROB |
Division 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION |
Part 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION |
Chapter 3. Affidavit Procedure for Collection or Transfer of Personal Property |
Section 13109.
Latest version.
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A person to whom payment, delivery, or transfer of the decedent's property is made under this chapter is personally liable, to the extent provided in Section 13112, for the unsecured debts of the decedent. Any such debt may be enforced against the person in the same manner as it could have been enforced against the decedent if the decedent had not died. In any action based upon the debt, the person may assert any defenses, cross-complaints, or setoffs that would have been available to the decedent if the decedent had not died. Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7. Section 366.2 of the Code of Civil Procedure applies in an action under this section.
(Amended by Stats. 1992, Ch. 178, Sec. 40. Effective January 1, 1993.)