Cal. Probate Code § 13554 : California Probate Code — Disposition Of Estate Without Administration — Liability For Debts Of Deceased Spouse — Enforcement of debt; defenses, cross-complaint or setoff asserted; applicability of section 366.2, Code of Civil Procedure

31 Aug 2016

Current through the 2016 Legislative Session

(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.
(b) In any action or proceeding based upon the debt, the surviving spouse may assert any defense, cross-complaint, or setoff which would have been available to the deceased spouse if the deceased spouse had not died.
(c) Section 366.2 of the Code of Civil Procedure applies in an action under this section.
Ca. Prob. Code § 13554