(a) Except as provided for by Section 2729(b) of this Title, upon the death of a married person, the surviving spouse is personally liable for the debts of the deceased spouse chargeable against the community property, unless the interests of both spouses in the community property are administered under the provisions of Division 3 of this Title as provided in Section 1005(b) of this Title. The personal liability shall not exceed the value at the date of death, less the amount of any liens and encumbrances, of the interest which is not exempt from execution of the surviving spouse in the community property immediately prior to death of the deceased spouse, plus the interest of the deceased spouse passing to the surviving spouse without administration.

(b) If proceedings are commenced in Guam for the administration of the estate of the deceased spouse and notice to creditors has been given by the personal representative, any action upon the liability of the surviving spouse pursuant to subsection (a) of this Section shall be barred to the same extent as provided for claims under Section 2521 of this Title, except as to the following:

(1) Creditors who had commenced judicial proceedings for the enforcement of the debts and had served the surviving spouse with process prior to the date of the last publication of the notice to creditors;

(2) Creditors who secure the acknowledgment in writing of the liability of the surviving spouse for the debts;

(3) Creditors who file a timely claim in the proceedings.

(c) Except as provided in subsection (b) of this Section, any debt described in subsection (a) of this Section may be enforced against the surviving spouse in the same manner as it could have been enforced against the deceased spouse if the deceased spouse had not died. In any action based upon such debt, the surviving spouse may assert any

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CH. 10 SUCCESSION TO COMMUNITY PROPERTY

defenses, counterclaims or setoffs which would have been available to the deceased spouse if the deceased spouse had not died.

SOURCE: California Probate Code, § 205.

COMMENT: Note that § 2513, infra, permits the surviving spouse to make a claim against the deceased spouse’s estate for the payment of debts described in § 1009.

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