California Probate Code 13552 – If proceedings are commenced in this state for the administration of …
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 upon the liability of the surviving spouse pursuant to Section 13550 is barred to the same extent as provided for claims under Part 4 (commencing with Section 9000) of Division 7, except as to the following:
(a) Creditors who commence judicial proceedings for the enforcement of the debt and serve the surviving spouse with the complaint therein prior to the expiration of the time for filing claims.
Terms Used In California Probate Code 13552
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
(b) Creditors who have or who secure the surviving spouse’s acknowledgment in writing of the liability of the surviving spouse for the debts.
(c) Creditors who file a timely claim in the proceedings for the administration of the estate of the deceased spouse.
(Enacted by Stats. 1990, Ch. 79.)