Prob. Code, § 13109 · Chapter 3. Affidavit Procedure for Collection or Transfer of Personal Property
Prob. Code, § 13109
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A transferee is personally liable, to the extent provided in this section for the unsecured debts of the decedent. That debt may be enforced against the transferee in the same manner as it could have been enforced against the decedent if the decedent had not died. In any action based upon the debt, the transferee may assert any defense, cross-complaint, or setoff that would have been available to the decedent if the decedent had not died. Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7. Section 366.2 of the Code of Civil Procedure applies in an action under this section.
(b) The personal liability under subdivision (a) shall not exceed the fair market value of the transferred property at the time the affidavit or declaration is presented under this chapter, less the amount of any liens and encumbrances on the transferred property at that time, and less the amount of any payment made pursuant to subdivision (a) of Section 13110.
(c) A transferee is not liable under this section if the transferee has satisfied the requirements of Section 13109.5, 13110.5, or 13111.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 29, Sec. 3. (AB 1716) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13109.
- Text hash
- sha256 9fe19788003d596846d2c4940c205b9a8fe9dfb01072c959ed8ff80bef0f1537
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
Probate Code
- Prob. Code, div. 7, pt. 4CREDITOR CLAIMSPrinted as Part 4 (commencing with Section 9000) of Division 7
- Prob. Code, § 13109.5Printed as Section 13109.5, 13110.5, or 13111
- Prob. Code, § 13110Printed as Section 13110
- Prob. Code, § 13110.5Printed as Section 13109.5, 13110.5, or 13111
- Prob. Code, § 13111Printed as Section 13109.5, 13110.5, or 13111
Cited by 8 provisions
Provisions in this library whose text cites Prob. Code, § 13109. Each shows the citation as that text prints it.
Health and Safety Code
Probate Code
- Prob. Code, § 12573Printed as Section 13109 or 13110
- Prob. Code, § 13109.5Printed as Section 13109 | Section 13109 or 13110
- Prob. Code, § 13110Printed as Section 13109 or 13109.5 | Sections 13109, 13109.5, 13111, and 13113.5
- Prob. Code, § 13111Printed as Sections 13109 to 13113.5, inclusive
- Prob. Code, § 13113Printed as Sections 13109 to 13111, inclusive
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.