(a) Property of the decedent set apart as a probate homestead is liable for claims against the estate of the decedent, subject to the probate homestead right. The probate homestead right in property of the decedent is liable for claims that are secured by liens and encumbrances on the property at the time of the decedent’s death but is exempt to the extent of the homestead exemption as to any claim that would have been subject to a homestead exemption at the time of the decedent’s death under Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.

(b) The probate homestead right in the property of the decedent is not liable for claims against the person for whose use the probate homestead is set apart.

Terms Used In California Probate Code 6526

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Government Code 21298
  • Probate: Proving a will
  • Probate homestead: means a homestead provided for in Chapter 3 (commencing with Section 6520) of Part 3 of Division 6. See California Government Code 21311
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Government Code 21313
  • Testate: To die leaving a will.

(c) Property of the decedent set apart as a probate homestead is liable for claims against the testate or intestate successors of the decedent or other successors to the property after administration, subject to the probate homestead right.

(Enacted by Stats. 1990, Ch. 79.)