Liability for a Deceased Spouse’s Debt

Section 13550 provides that, upon the death of a married person, the surviving spouse is personally liable for the debts of the deceased spouse chargeable against the property.

Section 13551 prohibits this liability from exceeding the fair market value at the date of the decedent’s death, less the amount of any liens and encumbrances, of the total of three specified items.

Section 13552 explains that, if proceedings are commenced in this state for the administration of the estate of the deceased spouse and the time for filing claims has commenced, any action upon the liability of the surviving spouse is barred to the same extent as provided for claims, with three specified exceptions.

Section 13553 specifies that the surviving spouse is not liable under this chapter if all the property described is administered under this code.

Section 13554 provides that any debt 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. The surviving spouse may assert any defense which would have been available to the deceased spouse if the deceased spouse had not died.