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2020 California Code
Probate Code - PROB
DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION
PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION
CHAPTER 3 - Liability for Debts of Deceased Spouse
Section 13554.
Universal Citation: CA Prob Code § 13554 (2020)
13554.
(a) Except as otherwise provided in this chapter, any debt described in Section 13550 may be enforced against the surviving spouse in the same manner as it could have been enforced against the deceased spouse if the deceased spouse had not died.
(b) In any action or proceeding based upon the debt, the surviving spouse may assert any defense, cross-complaint, or setoff which would have been available to the deceased spouse if the deceased spouse had not died.
(c) Section 366.2 of the Code of Civil Procedure applies in an action under this section.
(Amended by Stats. 1992, Ch. 178, Sec. 43. Effective January 1, 1993.)
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