Prob. Code, § 13541 · Chapter 2. Right of Surviving Spouse to Dispose of Property
Prob. Code, § 13541
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Section 13540 does not apply to a sale, conveyance, lease, mortgage, or other disposition that takes place after a notice that satisfies the requirements of this section is recorded in the office of the county recorder of the county in which real property is located.
(b) The notice shall contain all of the following:
(1) A description of the real property in which an interest is claimed.
(2) A statement that an interest in the property is claimed by a named person under the will of the deceased spouse.
(3) The name or names of the owner or owners of the record title to the property.
(c) There shall be endorsed on the notice instructions that it shall be indexed by the recorder in the name or names of the owner or owners of record title to the property, as grantor or grantors, and in the name of the person claiming an interest in the property, as grantee.
(d) A person shall not record a notice under this section for the purpose of slandering title to the property. If the court in an action or proceeding relating to the rights of the parties determines that a person recorded a notice under this section for the purpose of slandering title, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the recording.
Notes and commentary — not statutory text
History
Amended by Stats. 1991, Ch. 1055, Sec. 55.
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=13541.
- Text hash
- sha256 f4f839c4281eb36162603bcc0fdb9f5b6d47cb8a78f0d2653850170200463b2f
- 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
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