PROBATE CODE. Michigan However, recovery under section 914 is limited by Probate Code section 13551 to the property the surviving spouse receives from the deceased spouse, and here the trial court found there wasn’t any. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ... 13550-13554. The personal representative shall have the authority to seek to enjoin any action of the lienholder to enforce a lien against property that is subject to the lien. It was both "more specific" and "more recent." ( Id., § 13554, subd. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. (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 could have been enforced against the deceased spouse if the deceased spouse had not died. Microsoft Edge. PROBATE CODE DIVISION 1. California may have more current or accurate information. Massachusetts Art. (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 could have been enforced against the deceased spouse if the deceased spouse had not died. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION . PRELIMINARY PROVISIONS AND DEFINITIONS ... Probate of Nondomiciliary Decedent's Will Admitted to Probate in Sister State or Foreign Nation ... 13550-13554 CHAPTER … ), Alabama The Supreme Court reversed based on Probate Code section 13554, which expressly makes CCP § 366.2 applicable to actions to enforce debts against surviving spouses, holding that in any conflict between the Family Law Code and the Probate Code, the Probate Code took precedence because it was both more recent and more specific. Probate Code section 21308 contains a provision that tolls the time a potential will or trust contestant has to file a motion, petition, or other act until a declaratory relief action filed under Probate Code section 21320 can determine whether a particular motion, petition or other act by the beneficiary would be a contest within the terms of the instrument's no contest clause. US Tax Court Liability for Decedent’s Property . Section 366.2 of the Code of Civil Procedure (Ibid. CALIFORNIA PROBATE CODE . Florida 13000-13660. (c)  All rights reserved. Indiana 2017, Ch. Family Code section 914 derived from a statute passed in 1984; Probate Code section 13554 was enacted in 1990. (a).) Prob. Section 13553. If the property vests in a person other than the surviving spouse or a minor child of the decedent, the probate court may set the homestead apart for the use of the surviving spouse or minor child in accordance with the Probate Code. II - Executive North Carolina Alaska California Probate Code Sec. VI - Prior Debts General Provisions . Read the code on FindLaw We recommend using (a) Except as otherwise provided in this chapter, any debt described in (Enacted by … 178, Sec. Code: Section: Keyword(s): Code Search Text Search. (h) This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator. 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 the deceased spouse chargeable against the property described in Section 13551 to the extent provided in Section 13551. 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