California Probate Code

§ 9653

PROB § 9653 Effective Jan 1, 2016Div. 7 · Part 5 · Ch. 2

Statute text

(a)On application of a creditor of the decedent or the estate, the personal representative shall commence and prosecute an action for the recovery of real or personal property of the decedent for the benefit of creditors if the personal representative has insufficient assets to pay creditors and the decedent during lifetime did any of the following with respect to the property:

(1)Made a conveyance of the property, or any right or interest in the property, that is voidable as to creditors under the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code).

(2)Made a gift of the property in view of impending death.

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Legislative history

Amended by Stats. 2015, Ch. 44, Sec. 27. (SB 161) Effective January 1, 2016.