Affidavit Procedure for Real Property of Small Value
Cal. PROB § 13204.5
California Statutes
(
a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s unsecured debts. (
b) In calculating the transferee’s share of liability under subdivision (a), the abatement rules provided in
Part 4 (commencing with
Section 21400) of Division shall be applied, using all of the following assumptions:
(1) Transferred property under this
chapter shall be treated as if it had remained in the estate for administration.
(2) Any unsecured debts of the decedent that were paid by the transferee pursuant to
Section shall be treated as if they were claims made against the decedent’s estate. (
c) The personal representative shall provide a written statement of liability to the transferee, which specifies the amount that must be paid to the estate. (
d) The transferee is personally liable to the estate for the amount specified in the statement of liability. Any amount that the transferee paid pursuant to
Section or shall be credited against the amount that the transferee owes the estate under this subdivision. If the amount that the transferee paid pursuant to
Section or exceeds the amount specified in the written statement of liability, the estate shall reimburse the difference to the transferee. For the purposes of
Section 11420, that reimbursement shall be deemed an expense of administration. (
e) The reasonable cost of proceeding under this
section shall be reimbursed as an extraordinary service under Sections and 10811. The transferee is liable for the payment of that cost, which shall be separately identified in the statement of liability. (
f) The transferee is not liable under this
section if the transferee has satisfied the requirements of