Section 13111 Of Chapter 3. Affidavit Procedure For Collection Or Transfer Of Personal Property From California Probate Code >> Division 8. >> Part 1. >> Chapter 3.
13111
. (a) Subject to the provisions of this section, if
proceedings for the administration of the decedent's estate are
commenced in this state, or if the decedent's personal representative
has consented to the payment, transfer, or delivery of the decedent'
s property under this chapter and the personal representative later
requests that the property be restored to the estate, each person to
whom payment, delivery, or transfer of the decedent's property is
made under this chapter is liable for:
(1) The restitution of the property to the estate if the person
still has the property, together with (A) the net income the person
received from the property and (B) if the person encumbered the
property after it was delivered or transferred to the person, the
amount necessary to satisfy the balance of the encumbrance as of the
date the property is restored to the estate.
(2) The restitution to the estate of the fair market value of the
property if the person no longer has the property, together with (A)
the net income the person received from the property and (B) interest
on the fair market value of the property from the date of
disposition at the rate payable on a money judgment. For the purposes
of this subdivision, the "fair market value of the property" is the
fair market value, determined as of the time of the disposition of
the property, of the property paid, delivered, or transferred to the
person under this chapter, less any liens and encumbrances on the
property at that time.
(b) Subject to subdivision (c) and subject to any additional
liability the person has under Sections 13109 to 13112, inclusive, if
the person fraudulently secured the payment, delivery, or transfer
of the decedent's property under this chapter, the person is liable
under this section for restitution to the decedent's estate of 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, determined as of the time the person liable under this
subdivision presents the affidavit or declaration under this chapter,
of the property paid, delivered, or transferred to the person under
this chapter, less the amount of any liens and encumbrances on the
property at that time.
(c) The property and amount required to be restored to the estate
under this section shall be reduced by any property or amount paid by
the person to satisfy a liability under Section 13109 or 13110.
(d) An action to enforce the liability under this section may be
brought only by the personal representative of the estate of the
decedent. Whether or not the personal representative brings an action
under this section, the personal representative may enforce the
liability only to the extent necessary to protect the interests of
the heirs, devisees, and creditors 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.