California Probate Code CHAPTER 3 - Allocation of Debts Between Estate and Surviving Spouse

• Section 11440.
  If it appears that a debt of the decedent has been paid or is payable in whole or in part by the surviving spouse, or...
• Section 11441.
  The petition shall include a statement of all of the following:(a) All debts of the decedent and surviving spouse known to the petitioner that are alleged...
• Section 11442.
  If it appears from the petition that allocation would be affected by the value of the separate property of the surviving spouse and any community...
• Section 11443.
  The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of the petition and the order to show...
• Section 11444.
  (a) The personal representative and the surviving spouse may provide for allocation by agreement and, on a determination by the court that the agreement substantially protects...
• Section 11445.
  On making a determination as provided in this chapter, the court shall make an order that:(a) Directs the personal representative to make payment of the amounts...
• Section 11446.
  Notwithstanding any other statute, funeral expenses and expenses of last illness shall be charged against the estate of the decedent and shall not be allocated...

Last modified: October 22, 2018