DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION 13000-13660›PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION 13500-13660›CHAPTER 3.5. Liability for Decedent’s Property 13560-13564

§ 13561

California Probate Code · 2018-11 edition · updated 2026-10-04 · California

(a) If the decedent’s property is in the possession or control of the surviving spouse at the time of the decedent’s death, the surviving spouse is personally liable to the extent provided in Section 13563 to any person having a superior right by testate succession from the decedent.

(b) An action to impose liability under this section is forever barred three years after the death of the decedent. The three-year period specified in this subdivision is not tolled for any reason.

(Added by Stats. 1991, Ch. 1055, Sec. 57.)

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California Probate Code

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