(a) The surviving spouse is not liable under Section 13561 if proceedings for the administration of the decedentâs estate are commenced and the surviving spouse satisfies the requirements of Section 13562. (b) The aggregate of the personal liability of the surviving spouse under Section 13561 shall not exceed the sum of the following: (1) The fair market value at the time of the decedentâs death, less the amount of any liens and encumbrances on the decedentâs property at that time, of the portion of the decedentâs property that passes to any person having a superior right by testate succession from the decedent. (2) The net income the surviving spouse received from the portion of the decedentâs property that passes to any person having a superior right by testate succession from the decedent. (3) If the decedentâs property has been disposed of, interest on the fair market value of the portion of the decedentâs property that passes to any person having a superior right by testate succession from the decedent from the date of disposition at the rate of 7 percent per annum. For the purposes of this paragraph, âfair market valueâ is fair market value, determined as of the time of disposition of the decedentâs property, less the amount of any liens and encumbrances on the decedentâs property at the time of the decedentâs death.
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.