Section 13110 Of Chapter 3. Affidavit Procedure For Collection Or Transfer Of Personal Property From California Probate Code >> Division 8. >> Part 1. >> Chapter 3.
13110
. (a) Except as provided in subdivision (b), each person to
whom payment, delivery, or transfer of the decedent's property is
made under this chapter is personally liable to the extent provided
in Section 13112 to any person having a superior right by testate or
intestate succession from the decedent.
(b) In addition to any other liability the person has under this
section and Sections 13109, 13111, and 13112, any person who
fraudulently secures the payment, delivery, or transfer of the
decedent's property under this chapter is liable to the person having
such a superior right for three times the fair market value of the
property. For the purposes of this subdivision, the "fair market
value of the property" is the fair market value of the property paid,
delivered, or transferred to the person liable under this
subdivision, valued as of the time the person liable under this
subdivision presents the affidavit or declaration under this chapter
to the holder of the decedent's property, less any liens and
encumbrances on that property at that time.
(c) An action to impose liability under this section is forever
barred three years after the affidavit or declaration is presented
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.