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 encumbrances, of the total of the following:

(a) The portion of the one-half of the community and quasi-community property belonging to the surviving spouse under Sections 100 and 101 that is not exempt from enforcement of a money judgment and is not administered in the estate of the deceased spouse.

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Terms Used In California Probate Code 13551

  • Decedent: A deceased person.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • Quasi-community property: means the following property, other than community property as defined in Section 28:

    California Probate Code 66

  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72

(b) The portion of the one-half of the community and quasi-community property belonging to the decedent under Sections 100 and 101 that passes to the surviving spouse without administration under this part.

(c) The separate property of the decedent that passes to the surviving spouse without administration under this part.

(Amended by Stats. 2022, Ch. 29, Sec. 26. (AB 1716) Effective January 1, 2023.)

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