Prob. Code, § 13109.5 · Chapter 3. Affidavit Procedure for Collection or Transfer of Personal Property
Prob. Code, § 13109.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s unsecured debts.
(b) In calculating the transferee’s share of liability under subdivision (a), the abatement rules provided in Part 4 (commencing with Section 21400) of Division 11 shall be applied, using all of the following assumptions:
(1) Transferred property shall be treated as if it had remained in the estate for administration.
(2) Any unsecured debts of the decedent that were paid by the transferee pursuant to Section 13109 shall be treated as if they were claims made against the decedent’s estate.
(c) The personal representative shall provide a written statement of liability to the transferee, which specifies the amount that must be paid to the estate.
(d) The transferee is personally liable to the estate for the amount specified in the statement of liability. Any amount that the transferee paid pursuant to Section 13109 or 13110 shall be credited against the amount that the transferee owes the estate under this subdivision. If the amount that the transferee paid pursuant to Section 13109 or 13110 exceeds the amount specified in the written statement of liability, the estate shall reimburse the difference to the transferee. For the purposes of Section 11420, that reimbursement shall be deemed an expense of administration.
(e) The reasonable cost of proceeding under this section shall be reimbursed as an extraordinary service under Sections 10801 and 10811. The transferee is liable for the payment of that cost, which shall be separately identified in the statement of liability.
(f) A transferee is not liable under this section if the transferee has satisfied the requirements of Section 13110.5 or 13111.
Notes and commentary — not statutory text
History
Added by Stats. 2022, Ch. 29, Sec. 4. (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=13109.5.
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- sha256 dad158306e4b1b5c4ecfde3dc5e2afa7ca81ccc609594914aa6da57a2946be4d
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- 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.
Probate Code
- Prob. Code, § 10801Printed as Sections 10801 and 10811
- Prob. Code, § 10811Printed as Sections 10801 and 10811
- Prob. Code, § 11420Printed as Section 11420
- Prob. Code, § 13109Printed as Section 13109 | Section 13109 or 13110
- Prob. Code, § 13110Printed as Section 13109 or 13110
- Prob. Code, § 13110.5Printed as Section 13110.5 or 13111
- Prob. Code, § 13111Printed as Section 13110.5 or 13111
- Prob. Code, div. 11, pt. 4ABATEMENTPrinted as Part 4 (commencing with Section 21400) of Division 11
Cited by 2 provisions
Provisions in this library whose text cites Prob. Code, § 13109.5. Each shows the citation as that text prints it.
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.