§ 13111
508 words·~2 min read·
/ca/probate-code/13111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If property is paid, delivered, or transferred to a transferee under this chapter, and the decedent’s personal representative determines that another person has a superior right to the property by testate or intestate succession from the decedent, the personal representative may request that the transferred property be restored to the estate. Subject to subdivisions (b), (c), (d), (e), and
(g)if the personal representative makes that request, the transferee is liable for all of the following:
(1)If the transferee still has the transferred property, restitution of the transferred property to the decedent’s estate.
(2)If the transferee no longer has the transferred property, restitution to the decedent’s estate of the fair market value of the transferred property plus interest from the date of disposition at the rate of 7 percent per annum on the fair market value of the transferred property. For the purposes of this paragraph, the “fair market value of the transferred property” is the fair market value of the transferred property, determined as of the time of the disposition of the transferred property, less the amount of any liens and encumbrances on the transferred property at the time the property was paid, delivered, or transferred to the person under this chapter.
(b)Subject to subdivision
(c)and subject to any additional liability the transferee has under Sections 13109 to 13113.5, inclusive, if the transferee fraudulently secured the payment, delivery, or transfer of the decedent’s property under this chapter, the transferee is liable under this section for restitution of three times the fair market value of the transferred property. For the purposes of this subdivision, the “fair market value of the transferred property” is the fair market value of the transferred property, determined as of the time the person liable under this subdivision presents the affidavit or declaration under this chapter, less the amount of any liens and encumbrances on the property at that time. Restitution provided under this subdivision shall first be used to pay the estate’s cost of proceeding under this section, with the remainder paid to the person who has a superior right to the property by testate or intestate succession.
(c)The property and amount required to be restored to the estate under this section shall be reduced or increased as provided in Section 13113.5.
(d)An action to enforce the liability under this section may be brought only by the personal representative of the estate of the decedent.
(e)An action to enforce the liability under this section is forever barred three years after presentation of the affidavit or declaration under this chapter to the holder of the decedent’s property, or three years after the discovery of the fraud, whichever is later. The three-year period specified in this subdivision is not tolled for any reason.
(f)In the case of a nondomiciliary decedent, restitution under this section shall be made to the estate in an ancillary administration proceeding.
(g)A transferee is not liable under subdivision
(a)if the transferred property was returned to the estate under Section 13110.5.