Section 11464 Of Chapter 4. Debts That Are Contingent, Disputed, Or Not Due From California Probate Code >> Division 7. >> Part 9. >> Chapter 4.
11464
. (a) The court may order property in the estate distributed
to a person entitled to it under the final order for distribution, if
the person files with the court an assumption of liability for a
contingent or disputed debt as provided in subdivision (b). The court
may impose any other conditions the court in its discretion
determines are just, including that the distributee give a security
interest in all or part of the property distributed or that the
distributee give a bond in an amount determined by the court.
(b) As a condition for an order under subdivision (a), each
distributee shall file with the court a signed and acknowledged
agreement assuming personal liability for the contingent or disputed
debt and consenting to jurisdiction within this state for the
enforcement of the debt if it becomes absolute or established. The
personal liability of each distributee shall not exceed the fair
market value on the date of distribution of the property received by
the distributee, less the amount of liens and encumbrances. If there
is more than one distributee, the personal liability of the
distributees is joint and several.
(c) If the debt becomes absolute or established, it may be
enforced against each distributee in the same manner as it could have
been enforced against the decedent if the decedent had not died. In
an action based on the debt, the distributee may assert any defense,
cross-complaint, or setoff that would have been available to the
decedent if the decedent had not died.
(d) The statute of limitations applicable to a contingent debt is
tolled from the time the creditor's claim is filed until 30 days
after the order for distribution becomes final. The signing of an
agreement under subdivision (b) neither extends nor revives any
limitation period.