Prob. Code, § 13204 · Chapter 5. Affidavit Procedure for Real Property of Small Value
Prob. Code, § 13204
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 of the issuance of the certified copy of the affidavit under Section 13202, 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 13205.
(c) The transferee is not liable under this section if the transferee has satisfied the requirements of Section 13204.5, 13205.5, or 13206.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 29, Sec. 15. (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=13204.
- Text hash
- sha256 49ff4b02f6a914d31de4ce62eb13f5d431435d711d9e0d71d135d7ff3f8a43b6
- 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, § 13202Printed as Section 13202
- Prob. Code, § 13204.5Printed as Section 13204.5, 13205.5, or 13206
- Prob. Code, § 13205Printed as Section 13205
- Prob. Code, § 13205.5Printed as Section 13204.5, 13205.5, or 13206
- Prob. Code, § 13206Printed as Section 13204.5, 13205.5, or 13206
Cited by 3 provisions
Provisions in this library whose text cites Prob. Code, § 13204. Each shows the citation as that text prints it.
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