Section 13541 Of Chapter 2. Right Of Surviving Spouse To Dispose Of Property From California Probate Code >> Division 8. >> Part 2. >> Chapter 2.
13541
. (a) Section 13540 does not apply to a sale, conveyance,
lease, mortgage, or other disposition that takes place after a notice
that satisfies the requirements of this section is recorded in the
office of the county recorder of the county in which real property is
located.
(b) The notice shall contain all of the following:
(1) A description of the real property in which an interest is
claimed.
(2) A statement that an interest in the property is claimed by a
named person under the will of the deceased spouse.
(3) The name or names of the owner or owners of the record title
to the property.
(c) There shall be endorsed on the notice instructions that it
shall be indexed by the recorder in the name or names of the owner or
owners of record title to the property, as grantor or grantors, and
in the name of the person claiming an interest in the property, as
grantee.
(d) A person shall not record a notice under this section for the
purpose of slandering title to the property. If the court in an
action or proceeding relating to the rights of the parties determines
that a person recorded a notice under this section for the purpose
of slandering title, the court shall award against the person the
cost of the action or proceeding, including a reasonable attorney's
fee, and the damages caused by the recording.